Frojn  the  Charter  of  Connecticut,1602. 


lith.  ofD.JrKella^/^f!^  CoMnrAford,  Ci. 


GOVERNORS. 


0       /7 


-w€^f^  j{i  i^^^i"^^^^— 


(\fl)l  <f(^CccM- 


Zith.  ofIf.r.KeUo99  dr  Co. 


KING-S  A  QUEENS. 


Zvth.  orS.r./Sellff^^Jk  Co. 


LETTERS 

FROM  THE  ENGLISH  KINGS  AND  QUEENS 

CHARLES  II,  JAMES  II,  WILLIAM  AND  MARY, 
ANNE,  GEORGE  II,  &C. 

TO  THE 


GOVERNORS  OF  THE  COLONY  OF  CONNECT!- 

CUT,  TOGETHER  WITH  THE  ANSWERS 

THERETO,  FROM  1635  TO  1749; 


JIJJD  OTHER  ORIGINAL,  ANCIENT,  LITERARY  AND  CURIOUS  DOCU- 
MENTS, COMPILED  FROM  FILES  AND  RECORDS  IN  THE 
OFFICE  OF  THE  SECRETARY  OF  THE  STATE 
OF  CONNECTICUT. 


BY  R.  R.  HIN]»IA]V,  A.  M. 

Secretary  of  the  State  of  Connecticut, 


JOHN  B.  ELDREDGE,  PRINTER, 

'1836,' 


4  5 


•i  • 


COPY  RIGHT  SECURED. 


Z^^^4^ 


To  the  American  Antiquarian  Society  at  Worces-  '■ 

•  ter,  Mass,  i 

Gentlemen — Fully  believing  in  the  utility  of  giving  to  ] 
the  public  the  historical  facts  embraced  in  this  work,  they  j 
being  founded  upon  such  evidence,  as  prove  their  authenti- 
city, I  beg  leave  to  dedicate  to  the  American  Antiquarian  | 
Society  the  following  sheets.  It  is  intended  as  a  text  book  j 
of  the  early  history  of  the  Colony. 

In  affixing  the  name  of  your  society  to  this  publication, 

and  depositing  a  volume  in  your  Library,  I  may  be  enabled  ; 

to  preserve  entire,  its  title  page  and  one  volume  of  the  work,  , 
long  after  the  book  itself  shall  be  forgotton  by  the  present 

generation.  i 

I  have  the  satisfaction,  of  subscribing  myself  a  devoted  i 

friend  to  your  institution.  I 

Respectfully  Yours,  ; 

R.  R.  HINMAN.  j 

Hartford,  September  15tb,  1836.  j 


PREFACE. 


The  Author,  or  rather  Compiler  of  the  following  work, 
publishes  it  as  an  act  due  the  State,  for  the  purpose  of  trans- 
mitting to  posterity,  a  correct  history  of  facts  and  events, 
which  transpired  in  the  early  settlement  of  Connecticut- 
commencing-,  even  before  the  falling  of  the  first  tree  in  the 
forest,  by  any  white  man  in  the  Colony. 

It  is  a  compilation  of  a  correspondence  of  the  Kings  and 
Qeens  of  England,  with  the  different  Governors  of  the 
Colony — from  the  first  settlement  in  Windsor,  Hartford  and 
Wethersfield,  in  1635,  for  the  term  of  more  than  one  hun- 
dred years — embracing  letters  from  the  Lords  of  the  Coun- 
cil of  trade  and  foreign  plantations ;  a  correct^copy  of  the 
old  patent  of  Connecticut ;  letters  from  the  Hon.  the  Com- 
missioners of  his  Majesties  customs  in  England ;  and  an- 
swers by  the  Governors,  &c.  Also  letters  to  apprehend 
Capt.  Kidd,  as  a  pirate,  and  many  other  interesting,  curious 
literary  communications — among  which  are  twenty-seven 
questions  sent  to  this  Colony  by  the  Lords  of  the  Council  of 
trade  in  1679,  with  the  answers  of  Gov.  Leet — which  an- 
swers are  probably  as  correct  early  history  of  this  Colony  as 
is  extant,  and  will  be  highly  interesting  to  all  readers.  In- 
deed they  are  a  succinct  history  of  the  Colony  at  that  period, 
as  to  its  navigation,  productions,  shipping,  population,  state 
of  society,  Indian  wars,  religion,  title  of  lands,  trade  and  man- 
ufactures, «&c.  And  when  we  contemplate  that  these  an- 
swers were  written  by  a  Governor  of  this  State,  when  a 
Colony,  nearly  two  hundred  years  since,  upon  this  ground, 
then  occupied  by  the  sturdy  trees  of  the  forest,  but  now 
covered  with  stores,  banks,  public  buildings  and  the  splendid 
private  dwellings  of  the  refined  population  of  the  City  of 
Hartford— and  this,  the  first  publication  of  most  of  them, 

1* 


VI  PREFACE.      • 

they  cannot  fail  to  be  interesting  to  the  most  inattentive  ob- 
server of  past  events. 

The  orthc^raphy  of  the  original  letters  and  documents  is 
strictly  and  carefully  preserved. 

The  signatures  of  the  Kings  and  Queens  are  uniformly 
placed  at  the  commencement  of  the  communications,  and 
rot  at  the  close  as  is  usual  for  other  persons  ;  the  large,  ele- 
gant and  expensive  seals  attached  to  each  letter,  are  yet  in  a 
perfect  state  of  preservation.  The  idea  that  the  delicate 
hands  of  Queen  Mary  and  Anne  of  England  have  been  upon 
the  same  sheets,  which  I  have  copied  for  this  book,  and  near- 
ly two  centuries  since,  satisfies  the  mind  that  these  events 
are  indeed  ancient,  and  appears  rather  as  a  dream,  than  a 
reality.  The  reader  will  occasionally  observe,  that  answers 
to  letters  from  England,  are  some  few  of  them  missing,  not 
having  been  preserved  by  the  writers  as  they  should  have 
been,  not  only  for  the  benefit  of  the  Colony  at  the  time,  but 
also  for  the  advantage  of  future  historians  and  the  honor  of 
the  country. 

This  work  is  not  published  by  the  compiler  expecting 
even  a  compensation  for  his  labor,  but  solely  to  transmit  to 
posterity,  the  important  historical  events  which  it  contains, 
emanating  from  the  pens  of  the  Kings  and  Queens  of  Eng- 
land, aRd  the  Governors  of  this  Colony,  verified  by  their  own 
signatures  and  Seals,  the  last  of  whom  have  been  gathered 
to  their  fathers  nearly  a  century. 

In  the  year  1730  a  letter  was  sent  to  this  Colony  by  the 
Commissioners  for  trade  and  plantations,  embracing  19  ques- 
tions, relating  to  Connecticut,  which  were  answered  by  Jo- 
seph Talcott,  then  Governor  of  the  Colony,  under  the  inspec- 
tion of  his  Council  or  assistants,  giving  an  account  of  the 
rivers  and  land  adjoining — the  sound,  the  soil,  the  climate, 
the  degrees  of  latitude  and  longitude  of  the  Colony,  the  boun- 
daries, the  Constitution  and  Government,  the  Courts,  trade, 
the  shipping,  names  of  each  vessel  and  Captain,  and  their 
tonnage  and  place  where  owned ;  property  received  in  barter, 
method  used  to  prevent  illegal  trade,  harbours  on  the  sound, 
produce  of  the  Colony,  copper  and  other  ore  mines,  the  pop- 
ulation and  increase  and  reasons  for  it,  the  number  of  mili- 
tia, forts  and  arms,  the  number  of  Indians  of  all  ages  and 
sexes,  the  five  nations  of  Indians,  the  French  and  West- 
ern Indians,  the  Spaniards  and  their  strength,  the  annual 
revenues  from  rates  and  duties,  the  expenditures  in  free 
schools,  constituting  the  different  Courts  and  their  jurisdic- 
tion, and  the  organization  and  division  of  the  militia;  which 
answers  compared  with  those  of  1679  shows  the  improve- 


PREFACE.  Vll 

ment  of  the  Colony  and  country  for  the  fifty-one  years  pre- 
vious. In  1748  the  Board  of  trade  forwarded  to  the  Govern- 
or of  this  Colony  twenty  questions,  similar  to  those  before 
mentioned,  which  were  answered  by  the  Governor  in  the 
same  manner ;  which  answers  compared  with  those  of  1679, 
and  1730  give  to  the  reader  a  more  perfect  history  of  the 
Colony  from  1635  to  1748,  (as  to  such  facts  as  it  contains) 
than  can  be  found  in  any  other  work,  because  each  fact  can 
be  relied  upon  as  authentic,  having-  been  written  at  the  time, 
by  men  of  the  highest  standing  and  reputation,  not  only  in 
England,  but  also  in  this  Colony.  Also  is  found  upon  the 
first  page  of  the  work  a  perfect  likeness  of  Charles  II,  taken 
by  the  Messrs.  Kellogg,  Lithographers  of  this  City,  from  the 
Charter  of  Charles  II  in  this  office.  Upon  the  opposite  page 
are  found  fac-similes  of  the  hand  writing  of  the  Kings  and 
Queens,  also  some  of  the  Gov'rs.  of  the  Colony,  whose  names 
are  attached  to  their  letters  in  this  book.  Also  a  full  list  is 
compiled  from  the  Records  of  State,  of  all  the  Colony  and 
State  Officers  who  have  been  elected  by  the  people  of  the 
Colony  and  State  of  Connecticut,  from  the  first  settlement  in 
1635,  until  1836  inclusive,  with  the  tims  of  holding  their 
several  offices.  The  immense  quantity  of  interesting  mat- 
ter, that  has  been  lying  for  ages  upon  the  shelves  of  this  of- 
fice, and  annually  accumulating,  would,  if  the  most  interest- 
ing parts  should  be  selected  and  published,  compose  a  Libra- 
ry that  would  do  honor  to  the  State,  and  place  so  valuable 
public  documents  beyond  the  reach  of  fire  and  accident, 
while  the  present  and  future  generations  would  become  la- 
miliar  with  the  early  history  of  their  Ancestors,  and  the  Puri- 
tan Fathers.  Indeed  a  history  of  the  Revolutionary  war, 
might  be  gathered  from  the  files  and  records  of  this  Office, 
so  far  as  Connecticut  was  engaged  in  that  bloody  struggle 
for  liberty  :  with  which  too  few  of  the  present  age  are  famil- 
iar, evidenced  upon  facts  from  the  records  of  the  State,  which 
would  carry  verity  upon  its  face  on  every  page.  Several 
Acts  and  Resolutions  of  the  L3gislature  of  the  Colony,  with 
notes  by  the  compiler  will  be  found  in  this  work,  to  show  the 
object  of  the  letters  to  which  they  related,  to  be  the  better 
understood  by  the  reader. 

The  labor  of  collecting  the  materials  and  compilation  of 
this  work,  and  copying  the  numerous  documents  it  contains, 
has  taken  much  time,  and  the  expense  has  been  considerable. 
But  should  it  meet  a  favorable  reception  and  afford  mstruc- 
tion  to  the  reader,  or  amuse  him  in  his  leisure  hours,  it  will 
bean  ample  compensatian  to  the  compiler. 

Hartford,  September  15lh,  1836. 


Explanation  of  Abbreviated  Words, 

Ye.    The. 
Yt.    That. 
Wt.     What. 
Matie.    Majesty. 
Acor.     According. 
Wth.     With. 
Wch.     Which. 
Yn.    Than. 
Or.    Our. 
Yr.  or  yor.     Your. 
Vs.    Us. 


GOVERNORS  of  the  Colony  and  State  of  Con- 
necticut from  the  first  Organization  of  the 
Government  of  the  Colony  in  1639,  io  1836,  in- 
clusive. 

John  Haynes  1639,  1641,  3,  5,  7,*  9,  1651,  &  3. 

Edward  Hopkins  1640,  4,  6,  8,  1650,  2,  4. 

George  Wyllys  1642. 

Thomas  Welles  1655,  8. 

John  Webster  1656. 

John  Winthrop  1657,  9,  and  1660,  to  1675,  in- 
clusive. 

William  Leet  1676,  to  1682,  do. 

Robert  Treat  1683,  to  1687,  do. 

On  the  3ist  day  of  Oct.  1687,  Sir  Edmund 
Andross  assumed  the  Government,  and  retained 
it  till  the  9th  day  of  May  1689,  when  Gov.  Treat 

*  Previous  to  this  time,  (1647,)  the  Governors  had  no  sal- 
ary by  law  allowed  them,  but  served  the  people  for  the  pub- 
lic g-ood.  But  at  this  time,  the  General  Court  taking-  the  af- 
fair into  consideration,  granted  the  Governour  30  pounds  an- 
nually. A  like  grant  was  also  made  to  the  Deputy  Govern- 
or for  his  services  the  preceding  year.  These  were  the  first 
salaries  granted  to  any  Civil  Officers  in  the  service  of  the 
Colony. 

The  following  is  a  copy  of  the  Act — 

March  9th,  1647. 

"Whereas  by  reason  of  many  waighty  occations,  expen- 
ces  and  chardges,  are  yearly  expended  by  the  Governour,  it 
is  therefore  ordered,  that  there  shall  be  yearly  allowed  to  that 
place,  £30,  and  JC30,  to  the  Deputy  Governour  for  the  year 
past." 


10         '  Lieutenant  Governors, 

with  the  former  officers,  at  the  urgent  request  of 
the,  people  resumed  the  Government  of  the  Colony. 

Robert  Treat  1689  to  1697,  inclusive. 

Fitz  John  Winthrop  1698  to  1707,  do. 

Gurdon  Saltonstall  1708  to  1724,  do. 

Joseph  Talcott  1725  to  1741,  do. 

Jonathan  Lav^^  1742  to  1750,  do. 

Roger  Wolcott  1751  to  1753,  do. 

Thomas  Fitch  1754  to  1765,  do. 

Wilham  Pitkin  1766  to  1769,  do. 

Jonathan  Trumbull  1770  to  1783,  do. 

Matthew  Griswold  1784  and  5. 

Samuel  Huntington  1786  to  1795,  do. 

Oliver  Wolcott  1796  and  7. 

Jonathan  Trumbull  1798  to  1809,  do. 

John  Tread  well  1810. 

Roger  Griswold  1811  and  12.* 

John  Cotton  Smith  1813  to  1816,  do. 

Oliver  Wolcott  1817  to  1826,  do. 

Gideon  Tomlinson  1 827  to  1830,  do. 

JohnS.  Peters  1831  and  2. 

Henry  W.  Edwards  1833. 

Samuel  A.  Foot  1834. 

Henry  W.  Edwards  1835  and  6. 


Lieutenant  Governors  of  the   Colony  and  State  of 

Connecticut  from  1639,  to  1836  inclusive, 

1 

Roger  Ludlow  1639,  1642,  1648.  \ 

John  Haynes  1640,  4,  6,  1650,  2.  \ 

George  Wy  llys  1 64 1 .  j 


*  Died  October  25, 1812. 


Lieutenant  Governors,  1 1 


Edward  Hopkins  1643,  5,  7,  9,  1651,  3.  -   | 

Thomas  Welles  1654,  6,  7,  9,  ; 

John  Webster  1G55.  i 

John  Winthrop  1658.  , 

John  Mason  1660  to  1668,  inclusive.  ^ 

William  Leet  1669  to  1675,  do. 

Robert  Treat  1676  to  1682,  do.  -  ' 

James  Bishop  1683  to  1687,*  and  from  1689  to  j 

1691,  inclusive.  I 

William  Jones  1692  to  1697,  do.  j 

Robert  Treat  1698  to  1707,  do. 

Nathan  Gold  1708  to  1723,  do.  ; 

Joseph  Talcott  1724.  .i 

Jonathan  Law  1725  to  1741,  do, 

Roger  Wolcott  1742  to  1750,  do,  ; 

Thomas  Fitch  1751  to  1753,  do.  j 

William  Pitkin  1754  to  1765,  do.  ■ 

Jonathan  Trumbull  1766  to  1769,  do.  j 

Matthew  Griswold  1770  to  1783,  do, 
Samuel  Huntington  1784  and  5. 
Oliver  Wolcott  1786  to  1795,  do. 

Jonathan  Trumbull  1 796  and  7.  * 

John  Treadwell  1798  to  1809,  do.  i 

Roger  Griswold  1810.  1 

John  C.  Smith  1811  and  12.  | 

Chauncey  Goodrich  1813  to  1815,  do.  i 

Jonathan  Ingersoll  181 G  to  1822,  do.  I 

David  Plant  1823  to  1826,  do. 

John  S.  Peters  1827  to  1830,  do.  I 

1831  no  choice.  I 

Thaddeu^  Belts  1832.  j 

Ebenezer  Stoddard  1833,  ^  ^ 

Thaddeus  Betts  1834.  I 

Ebenezer  Stoddard  1835  and  6.  I 


*  The  interruption  in  the  Government  in  1687,  8  and  9. 
through  the  interference  of  Sir  Edmund  Andross  is  mention- 
ed in  the  list  of  Governors. 


12  Secretaries  and  Treasurers. 


Secretaries  of  State  of  the    Colony   and  State  of 
Connecticut,  from  1639  to  1836  inclusive, 

Edward  Hopkins  1639. 
Thomas  Wells  1640  to  1647,  inclusive. 
John  Culhck  1648  to  1657,  do. 
Daniel  Clark  1658  to  1663,  do. 
John  Allyn  1664. 
Daniel  Clark  1665  and  6, 
John  Allyn  1667  to  1695,  do. 
Eleazer  Kimberly  1696  to  1708,  do. 
Caleb  Stanly  1709  to  1711,  do. 
Hezekiah  Wyllys  1712  to  1734,*  do. 
George  Wyllys  1735  to  1795,  do. 
Samuel  Wyllys  1796  to  1809,t 
Thomas  Day  1810  to  1834,  do. 
Royal  R.  Hinman  1835  and  6, 


Treasurers  of  the  Colony  and  State  of  Connecti- 
cut, from  1637  to  1836  inclusive, 

Clement  Chaplin,  Thomas  Welles,  Joseph  Whi- 
ting, John  Talcott,  William  Pitkin,  John  Whiting, 
Nathaniel  Stanly,  Joseph  Talcott,  John  Law- 
rence, Jedcdiah  Huntington,  Peter  Colt,  Andrew 
Kingsbury,  Isaac  Spencer,  Jeremiah  Brown. 

*  In  consequence  of  the  advanced  ag:e  and  indisposition  of 
Hezekiah  Wy]]ys,  George  Wyllys  officiated  and  signed  his 
official  acts  as  Secretary  during  the  Sessions  of  the  Legisla- 
ture, in  October  J730,  Oct.  1732,  Oct.  1733,  and  May  and 
Oct.  1734. 

t  The  office  of  Secretary  remained  in  the  Wyllys  family 
98  years. 


THE  PATENT  OF  CONIVECTICUT, 

FROM    ROBERT,    EARL    OF  WARWICK. 

To  all  people  unto  whom  this  present  writing 
shall  come,  Robert,  Earl  of  Warwick,  sendeth 
Greeting  in  our  Lord  God  everlasting — Know  yee, 
that  the  said  Robert,  Earl  of  Warwick,  for  divers 
good  causes  and  considerations,  him  thereunto  mov- 
ing, hath  given,  granted,  bargained,  sold,  Enfeoffed, 
aliened  and  confirmed,  and  by  these  presents  doth 
give,  grant,  bargain,  sell,  Enfeoff,  alien  and  confirm 
unto  the  Right  Honourable  Robert  Lord  Brooke, 
the  Right  Honourable  Lord  Rich,  and  the  Hon- 
ourable Charles  Fines  Esqr.,  Sir  Nathaniel  Rich 
Knight,  Sir  Richard  Salstonstall  Knight,  Richard 
Knightly  Esqr.,  John  Pym  Esqr.,  John  Hamden 
Esqr.,  John  Humphry  Esqr.,  and  Herbert  Pellam 
Esqr.,  their  Heirs  and  assignes  and  their  associ- 
ates forever:  all  that  part  of  New  England  in 
America,  which  lyes  and  extends  itself,  from  a 
River  there  called  Narragansett  River,  the  space 
of  Forty  Leagues  upon  a  streight  line,  near  the 
sea  shore,  towards  the  southwest,  west  and  by 
south,  or  west,  as  the  coast  lyeth  towards  Virginia, 
accounting  three  Enghsh  miles  to  the  League,  and 
also  all  and  singular  the  lands,  hereditaments  what- 
soever, lying  and  being  within  the  lands  aforesaid, 
north  and  south  in  Lattitude  and  breadth,  and  in 
length  and  Longitude  of,  and  within  all  the  breadth 
aforesaid,  throughout  the  main  lands  there,  from 
the  western  oacean  to  the  south  sea,  and  all  lands 
and  grounds,  place  and  places,  soyle,  wood  and 
woods,  grounds,  havens,  ports,  creeks,  and  rivers, 

2 


14  Patent  of  Connecticut, 

waters,  fishings  and  hereditaments  whatsoever,  ly- 
ing within  the  said  space,  and  every  part  and  par- 
cell  thereof,  and  also  all  islands  lying  in  America 
aforesaid,  in  the  said  seas  or  either  of  them,  on  the 
western  or  eastern  coasts  or  parts  of  the  said 
tracts  of  land  by  these  presents  mentioned,  to  be 
given,  granted,  bargained,  sold,  Enfeoffed,  aliened 
and  confirmed,  and  also  all  mines,  mineralls,  as 
well  royall  mines  of  gold  and  silver,  as  other  mines 
and  mineralls  whatsoever,  in  the  said  lands  and 
premises,  or  any  part  thereof;  and  also  the  seve- 
rall  rivers  within  the  said  limits,  by  what  name  or 
names  soever  called  or  known,  and  all  jurisdic- 
tions rights  and  royalties,  liberties,  freedoms,  im- 
munities, powers,  privileges,  franchises,  prehem- 
inences,  and  comodoties  whatsoever,  which  the 
said  Robert,  Earle  of  Warwick  now  hath  or  had, 
or  might  use,  exercise  or  enjoy  in,  or  within  any 
part  or  parcell  thereof,  excepting  and  reserving  to 
his  Majestic,  his  heirs  and  successors  the  fift  part 
of  all  gold  and  silver  oare,  that  shall  be  found 
within  the  said  premises,  or  any  part  or  parcell 
thereof,  to  have  and  to  hold,  the  said  part  of  New 
England  in  America,  which  lyes  and  extends  and 
is  abutted  as  aforesaid  ;  and  the  said  severall  riv- 
ers and  every  part  and  parcell  thereof,  and  all  the 
said  islands,  rivers,  ports,  havens,  waters,  fishings, 
mines,  mineralls,  jurisdictions,  powers,  franchises, 
royalties,  liberties,  privileges,  comodities,  heredita- 
ments and  promises  whatsoever,  with  the  appurte- 
nances, unto  the  said  William  Viscount  Say  and 
Seal,  Robert  Lord  Brooke,  Robert  Lord  Rich, 
Charles  Fines,  Sir  Nathaniel  Rich,  Sir  Richard 
Salstonstall,  Richard  Knightly,  John  Pym,  John 
Hamden,  John  Humphry  and  Herbert  Pellam, 
their  heirs  and  assigns,  and  their  associates  forev- 
ermore.    In  witness  whereof  the   said  Robert, 


Marquis  of  Hamilton'' s  Deed.  15 

Earle  of  Warwick,  hath  hereunto  sett  his  hand 
and  seal,  the  nineteenth  day  of  March,  in  the  sev- 
enth year  of  the  Reigne  of  our  Sovreigne  Lord, 
Charles  by  the  grace  of  God,  King  of  England, 
Scotland,  France  and  Ireland,  defender  of  the 
faith  &c.  Anno.  Dom.  1G31. 

ROBERT  WARWICK,      |    seal.    | 

Signed,  sealed  and  delivered  in  the  presence  of 
Walter  Williams,  Thomas  Howson. 

Note. — President  Clap  describes  the  extent  of  the  tract 
conveyed  by  the  above  Patent,  in  the  words  following :  All 
that  part  of  New  England  which  lies  west  of  Narragansett 
River,  one  hundred  and  twenty  miles  on  the  sea  coast ;  and 
from  thence,  in  the  Latitude  and  breadth  aforesaid  to  the 
south  sea.  This  grant  extends  from  Point  Judith  to  New 
York  ;  and  from  thence  in  a  west  line  to  the  south  sea  :  and 
if  we  include  Narragansett  River  in  its  whole  length,  this 
tract  will  extend  as  far  north  as  Worcester,  in  Massachu- 
setts. 


A  Copy  of  the  Indenture  or  Deed  from  the  Coun- 
cil of  Plymouth,  to  James,  Marquis  of  Hamil- 
ton, for  sixty  miles  square  in  New  England, 

This  Indenture,  made  the  two  and  twentieth 
day  of  April,  in  the  eleventh  year  of  the  Reigne 
of  our  Sovreigne  Lord  Charles  by  the  grace  of 
God,  King  of  England,  Scotland,  France  and  Ire- 
land, defender  of  the  faith,  &c.,  between  the  Coun- 
cill  established  at  Plymouth,  in  the  County  of  De- 
von, for  the  planting,  ordering,  ruleing  and  gov- 
erning of  New  England  in  America,  of  the  one 


16  Marquis  of  Hamilton's  Deed. 

part,  and  the  Right  Houn'oble  James,  Marquess 
Hamilton  of  the  other  part  witnesseth,  that  where- 
as our  late  Sovreigne  Lord  King  James  of  bless- 
ed memory,  by  his  Highness  Letters  Pattents,  un- 
der the  great  seal  of  England,  bearing  date  at 
Westminster  the  third  day  of  November,  in  the 
eighteenth  year  of  His  Highness  Reigne  over  the 
Realm  of  England,  for  the  considerations  in  the 
same  Letters  Pattents  expressed,  hath  absolutely 
given,  graunted  and  confirmed,  unto  the  said  Coun- 
cill  and  their  successors  forever,  all  the  lands  of 
New  England  in  America,  lying  and  being  in 
breadth  from  forty  degrees  of  northern  Lattitude 
from  the  Equinoctial  Line,  to  forty-eight  degrees 
of  the  said  northerly  Lattitude,  inclusively,  and 
in  length  of  and  within  all  the  breadth  aforesaid 
throughout  the  main  land  from  sea  to  sea,  togeth- 
er also  with  all  the  firm  lands,  soyles,  grounds,  ha- 
vens, ports,  rivers,  waters,  fishings,  mines  and  min- 
eralls,  as  well  royall  mines  of  gold  and  silver,  as 
other  mines  and  mineralls,  precious  stones,  quar- 
ries and  all  and  singular  other  comodoties,  juris- 
dictions, royalties,  priviledges,  franchises  and  pre- 
heminences,  both  within  the  said  tract  of  land  up- 
on the  main,  and  also  upon  the  islands  and  seas 
adjoyning,  as  by  the  said  Letters  Pattents  amongst 
divers  other  things  therein  contained,  more  at 
lai'ge  it  doth  and  may  appear.  Now  this  Inden- 
ture further  witnesseth,  that  the  said  Councill  in 
performance  of  an  agreement  made  by  and  be- 
tween themselves,  and  enacted  the  third  day  of 
February  last  past  before  the  date  of  this  present, 
for  a  competent  sum  of  money,  and  also  for  other 
good  causes  and  considerations  them  the  said 
Councill  hereunto  especially  moveing,  have  given, 
graunted,  bargained,  sold,  Enfeofed  and  confirm- 
ed ;  and  by  these  presents  do  give,  graunt,  bar- 


Marquis  of  HamiltorCs  Deed.  17 

gaine,  sell,  Enfeof  and  confirme  unto  the  said 
James,  Marquess  Hamilton,  his  heirs  and  assigns, 
all  that  part,  purparte  and  portion  of  main  lands 
of  New  England  aforesaid,  scituate,  lying  and  be- 
ginning at  the  middle  part  of  the  mouthe  or  en- 
trance of  the  River  of  Connecticutt  in  New  Eng- 
land, and  from  thence  to  proceed  along  the  sea 
coast,  to  the  Narohigansets  River  or  harbour,  there 
to  be  accounted  about  sixty  miles,  and  so  up  the 
westerne  arme  of  that  river  to  the  head  thereof, 
and  into  the  land  northwestward  till  sixty  miles 
be  finished,  and  so  to  cross  over  land  southwest- 
wards  to  meet  with  the  end  of  sixty  miles  to  be 
accounted  from  the  mouthe  of  Connecticutt  up 
northwest,  and  also  all  islands  and  isletts  as  well 
imployed  as  w  ithin  five  leagues  distance  from  the 
premises,  and  abutting  upon  the  same  or  any  part 
or  parcell  thereof,  not  otherwise  granted  to  any 
by  speciall  name,  all  which  part  and  portion  of 
lands  and  premises  shal  from  henceforth  be  called 
by  the  name  of  the  county  of  New  Cambri%e, 
and  also  the  said  Councill  for  the  consideration 
afores'd,  have  given,  granted,  bargained,  sold.  En- 
feoffed and  confirmed,  and  by  these  presents  doe 
give,  grant,  bargain,  sell,  Enfeoff*  and  confirm  un- 
to the  said  James,  Marquess  Hamilton,  his  heirs 
and  assignes,  all  that  other  parcell  or  portion  of 
lands,  woods  and  wood  grounds  lying  on  the  east 
side  of  the  River  of  Sagadahock  in  the  easterly 
part  of  New  England  aforesaid,  containing  and  to 
contain  there  ten  thousand  acres,  and  to  be  hadd 
and  taken  together  as  conveniently  as  the  same 
may  be  towards  the  head  of  the  s'd  river,  and 
next  unto  the  land  of  Edward  Lord  Georges  there, 
which  from  henceforth  is  to  be  called  by  che  name 
of  and  moreover  the   said   Councill 

for  the  consideration  aforesaid,  have  given,  grant- 

2* 


18  Marquis  of  HamiltorCs  Deed* 

ed,  bargained,  sold,  Enfeoffed  and  confirmed,  and 
by  these  presents  do  give,  grant,  bargain,  sell.  En- 
feoff and  confirm  unto  the  said  James,  Marquess 
Hamilton,  his  heirs  and  assignes,  together  with 
the  said  bargained  premises,  all  the  firm  lands, 
soyles,  grounds,  havens,  ports,  rivers,  waters,  fish- 
ings, mines  and  mineralls,  as  well  royall  mines  of 
gold  and  silver  as  other  mines  and  mineralls,  pre- 
cious stones,  quarries,  and  all  and  singular  other 
commodities,  jurisdictions,  royalties,  priviledges, 
franchises  and  preheminencies,  both  within  the 
said  tracts  of  lands  upon  the  main,  and  also  with- 
in the  islands  and  seas  adjoining,  saveing,  except- 
ing and  reserving  out  of  this  present  graunt,  only 
the  fifth  part  of  the  oare  of  gold  and  silver  due  to 
His  Majestic,  his  heirs  and  successors,  and  in  and 
by  the  said  Letters  Pattents  reserved — to  have 
and  to  hold  all  those  the  said  severall  parcells  of 
land,  and  all  other  the  said  bargained  premises, 
with  their  and  every  of  their  appurtenances  (ex- 
cept before  excepted,)  unto  the  said  James,  Mar- 
quess Hamilton,  his  heirs  and  assignes,  to  the  only 
propper  use  and  behoofe  of  him  the  said  James, 
Marquess  Hamilton,  his  heirs  and  assignes  forev- 
er; and  to  be  enjoyed  as  fully,  freely  and  in  as 
large,  ample  and  beneficiall  manner  and  forme,  to 
all  intents  and  purposes  whatsoever,  as  they  the 
said  Councill  and  their  successors  by  vertue  of  the 
said  recited  Letters  Pattents  may,  might  or  ought 
to  have,  hold  and  enjoy  the  same,  or  any  part  or 
parcell  thereof.  In  witness  whereof  to  the  one 
part  of  this  present  indenture,  remaining  in  the 
hands  of  the  said  James,  Marquess  Hamilton,  they 
the  said  Councill  have  fixed  their  common  seal, 
and  to  the  other  part  of  this  present  indenture,  re- 
maining in  the  hands  of  the  said  Councill,  the  said 
Marquess  hath  sett  his  hand  and  seale.     Dated 


Marquis  of  Hamilton's  Deed.  19 

the  day   and  year  first   above  written,  Annoque 
Domini  1635. 

This  is  a  true  and  authentick  copee  of  the  prin- 
cipal! indenture  above  written,  under  the  seal 
above  specified,  duely  compared  and  collationed 
by  uss  Notaries  Publick  underscribing,  in  the  pres- 
ence of  the  witnesses  afternamed,  as  doth  witness 
our  signe  and  subscription  manual  at  Hamilton, 
the  12th  May,  1664. 

R.  HAMILTON,  Notarius  Publicus, 
JA.  CARNES,  Notarius  Publicus. 

J.  Hamilton,  Witness, 

Jo.  Carbarus,  Witness, 

Will  Hamilton,  Witness, 

J.    MOTHERSPOON,    WitUCSS. 

Note. — From  the  first  settlement  of  Connecticut  by  the 
English  in  1635,  it  does  not  appear  from  the  records  and  files 
in  the  Secretary's  office,  that  any  official  correspondence  or 
communications  passed  between  the  settlers  and  the  English 
Government  till  1661,  but  the  infant  Colony  was  left  to  its 
own  slender  resources  to  struggle  with  innumerable  difficul- 
ties and  hardships,  incident  to  the  commencement  of  all 
new  settlements  : — This  want  of  attention  on  the  part  of  the 
British  Government  to  the  new  Colony,  may  be  ascribed  to 
the  civil  dissensions  and  popular  tumults  which  soon  after 
commenced  in  England,  which  resulted  in  a  long  and  bloody 
civil  war,  and  eventually  in  the  dethronement  and  execution 
of  King  Charles  the  First  in  1649,  which  was  soon  followed 
by  the  dissolution  of  the  monarchy,  and  the  elevation  of 
Cromwell  to  the  Protectorship  of  England,  Scotland,  Ire- 
land &.C.  in  1653.  On  the  death  of  Cromwell  in  1657,  he 
was  succeeded  by  his  son  Richard,  who  proved  a  weak  and 
inefficient  man,  and  resigned  the  Protectorship  in  1659  ; 
upon  which  the  monarchy  was  soon  restored,  and  Charles  the 
Second  ascended  the  throne  in  1660 ;  the  Government  of 
England  soon  became  settled  and  permanent;  and  a  corres- 
pondence between  them  and  the  Colony  commenced,  which 
will  be  given  in  Chronological  order. 


20  The  old  Constitution. 


A  COMPACT  or  CONSTITUTION  of  Gov- 
ernmentf  entered  into  and  adopted  by  the  Colony 
of  Connecticut,  January  14^A,  1638.* 

For  as  much  as  it  has  pleased  the  Almighty  God 
by  the  wise  disposition  of  his  Divine  Providence 
so  to  order  and  dispose  of  Kings,  that  we  the  In- 
habitants of  Windsor,  Hartford,  and  Weathers- 
field,t  now  cohabiting  and  dwelHng  in  and  upon 
the  River  of  Connecticutt  and  the  Lands  thereunto 
adjoining,  and  well  knowing  when  a  people  gath- 
ered together,  the  word  of  God  requires  that  to 
maintain  the  peace  and  union  of  such  a  people, 
there  should  be  an  orderly  and  decent  Government 
established  according  to  God,  to  order  and  dispose 
of  the  affairs  of  the  people  at  all  seasons  as  occa- 
sion shall  require  ;  do  therefore  associate  and  con- 
joine  ourselves  to  be  as  one  publick  Estate  or 
Commonwealth,  and  do  for  ourselves  and  success- 
ors and  such  as  shall  be  adjoining  to  us  at  any 
time  hereafter,  enter  into  combination  and  confed- 
eration together  to  maintain  and  preserve  the  Lib- 
erty and  purity  of  the  Gospel  of  our  Lord  Jesus 
Christ,  which  we  now  profess  ;  as  also  the  Disci- 
pline of  the  Church  of  Christ,  according  to  the 
truth  of  said  Gospel  as  now  preached  amongst  us, 
as  also  in  civil  affaires  to  be  guided  and  governed 
according  to  such  Laws,  Rules,  Orders  and   De- 

*  This  date  of  1638,  is  owing-  to  the  manner  of  dating  at 
that  time.  The  first  settlers  of  the  Colony  commenced  the 
year  on  the  25th  of  JNIarch,  and  this  was  evidently  in  1639, 
for  as  appears  by  the  Record,  the  December  preceding  was 
1638,  and  tlie  April  following  1639. 

f  The  three  towns,  Windsor,  Hartford  and  Wethersfield, 
composed  at  that  time  the  Colony  of  Connecticut. 


The  old  Constitution,  21 

crees  as  shall   be  made  Ordered  and  Decreed  as 
followeth : — 

I.  It  is  ordered,  sentenced  and  decreed,  that 
there  shall  be  yearly  two  Assemblys  or  Courts, 
the  one  the  second  Thursday  of  April,  the  other 
the  second  Thursday  of  September  following,  the 
first  shall  be  called  the  Court  of  Election,  wherein 
shall  be  yearly  chosen  from  time  to  time  so  many 
Magistrates  and  other  publick  officers  as  shall  be 
found  requisite.  Whereof  one  to  be  chosen  Gov- 
ernour  for  the  year  ensuing  and  untill  another  be 
chosen,  and  no  other  Magistrate  to  be  chosen  for 
more  than  one  year,  provided  always  there  be  six 
chosen  beside  the  Governer,  which  being  chosen 
and  sworn  according  to  an  oath,  recorded  for  that 
purpose,  shall  have  power  to  administer  justice 
according  to  the  rule  there  estabhshed,  and  for 
want  thereof  according  to  the  rule  of  the  word  of 
God,  which  choice  shall  be  made  by  all  that  are 
admitted  freemen  and  have  taken  the  oath  of  fidel- 
ity and  do  cohabit  within  this  jurisdiction,  having 
been  admitted  inhabitants  by  the  major  part  of  the 
Town  wherein  they  live,  or  the  major  part  of  such 
as  shall  be  there  present. 

II.  It  is  ordered,  sentenced  and  decreed,  that 
the  Election  of  the  aforesaid  Magistrates  shall  be 
in  this  manner:  every  person  present  and  qualified 
for  chusing,  shall  bring  in  to  the  persons  (deputed 
to  receive  them)  one  single  paper  with  the  name 
of  him  written  on  it  whom  he  desires  to  have 
Governour,  and  he  that  hath  the  greatest  number 
of  papers  shall  be  Governour  for  that  year.  And 
the  rest  of  the  Magistrates  or  publick  oflicers  to 
be  chosen  in  this  manner,  the  Secretary  for  the 
time  being  shall  first  read  the  names  of  all  that 
are  to  be  put  to  choice  and  then  shall  severally 
nominate  them  distinctly,  and   every   one   that 


22  The  old  Constitution. 

would  have  the  person  nominated  to  be  chosen, 
shall  bring  in  one  single  paper  written  upon,  and 
he  that  would  not  have  him  chosen  shall  bring  in 
a  blank,  and  every  one  that  hath  more  written  pa- 
pers than  blanks,  shall  be  a  Magistrate  for  that 
year,  which  papers  shall  be  received  and  told  by 
one  or  more  that  shall  be  then  chosen  by  the 
Court  and  sworn  to  be  faithfull  therein.  But  in 
case  there  should  be  five  chosen  as  aforesaid,  be- 
side the  Governour,  out  of  those  which  are  nom- 
inated, then  he  or  they  which  have  the  most  writ- 
ten papers  shall  be  a  Magistrate  or  Magistrates  for 
the  ensuing  year  to  make  up  the  aforesaid  number. 

III.  It  is  ordered,  sentenced  and  decreed,  that 
the  Secretary  shall  not  nominate  any  person,  nor 
shall  any  person  be  chosen  newly  into  the  Magis- 
tracy, which  was  not  propounded  in  some  general 
Court  before  to  be  nominated  the  next  Election, 
and  to  that  end  it  shall  be  lawfull  for  each  of  the 
towns  aforesaid  by  their  deputies,  to  nominate  any 
two  who  they  conceive  fitter  to  be  put  to  Elec- 
tion, and  the  Court  may  add  so  many  more  as  they 
judge  requisite. 

lY.  It  is  ordered,  sentenced  and  decreed,  that 
no  person  to  be  chosen  Governour  above  once  in 
two  years,  and  that  the  Governour  be  always  a 
member  of  some  appointed  congregation,  and  for- 
merly of  the  Magistracy  within  this  jurisdiction, 
and  all  the  IMagistrates  freemen  of  this  Common- 
wealth, and  that  no  Magistrate  or  other  publick 
officer  shall  execute  any  part  of  his  or  their  office 
beforo  they  are  severally  sworn,  which  shall  be  done 
in  the  face  of  the  Court  if  they  be  present,  and  in 
case  of  absence,  by  some  deputed  for  that  pur- 
pose. 

V.  It  is  ordered,  sentenced  and  decreed,  that 
to  the  aforesaid  Court  of  Election,  the  several 


The  old  Constitution.  23 

Towns  shall  send  their  deputies,  and  when  the 
Elections  are  ended,  they  may  proceed  in  any 
publick  service  as  at  other  Courts,  unless  the  oth- 
er General  Court  in  September,  shall  be  for  ma- 
king of  laws  and  any  other  public  occasion,  which 
concerns  the  good  of  the  Commonwealth. 

VI.  It  is  ordered,  sentenced  and  decreed,  that 
the  Governour  shall  either  by  himself  or  Secreta- 
ry, send  out  sumons  to  the  Constables  of  each 
town  for  the  calling  of  these  two  standing  Courts, 
one  month  at  least,  before  their  several  times,  and 
also  if  the  Governour  and  the  greatest  part  of  the 
Magistrates  see  cause  upon  any  special  occasion 
to  call  a  General  Court,  they  may  give  order  to 
the  Secretary  so  to  do  within  fourteen  days  warn- 
ing, and  if  urgent  necessity  so  require,  upon  a 
shorter  notice,  giving  sufficient  grounds  for  it  to 
the  deputies  when  they  meet,  or  else  be  question- 
ed for  the  same,  and  if  the  Governour  and  the 
major  part  of  Magistrates  shall  either  neglect  or 
refuse  to  call  the  two  General  standing  Courts  or 
either  of  them,  as  also  at  other  times  when  the 
occasions  of  the  Commonwealth  require,  the  free- 
men thereof,  or  the  major  part  of  them  shall  peti- 
tion to  them  so  to  do,  then  if  it  be  either  denied  or 
neglected,  the  said  freemen  or  the  major  part  of 
them,  shall  have  power  to  give  orders  to  the  Con- 
stables of  the  several  towns  to  do  the  same,  and 
so  may  meet  together  and  chuse  to  themselves  a 
Moderator,  and  may  proceed  to  do  any  act  of 
powder  wdiich  any  other  General  Court  may. 

VII.  It  is  ordered,  sentenced  and  decreed, 
that  after  there  are  warrants  given  out  for  any  of 
the  said  General  Courts,  the  Constable  or  Con- 
stables of  each  town  shall  forthwith  give  notice 
distinctly  to  the  inhabitants  of  the  same,  in  some 
Public  Assembly,  or   by   going  or  sending  from 


24  The  old  Constitution* 

house  to  house,  that  at  a  place  and  time,  by  him 
or  them  Hmited  and  set,  they  meet  and  assemble 
themselves  together  to  elect  and  chuse  certain 
deputies  to  be  at  the  General  Court  then  follow- 
ing, to  agitate  the  affairs  of  the  Comonweahh, 
which  said  deputies  shall  be  chosen  by  all  that  are 
admitted  inhabitants  in  the  several  towns,  and 
have  taken  the  oath  of  fidelity,  provided  that  none 
be  chosen  a  deputy  for  any  General  Court  which 
is  not  a  freeman  of  this  Comonwealth.  There- 
fore said  deputies  shall  be  chosen  in  manner  fol- 
lowing: every  person  that  is  present  and  qualified 
as  before  expressed,  shall  bring  the  names  of  such, 
written  in  several  papers  as  they  desire  to  have 
chosen  for  that  employment,  and  those  three  or 
four,  more  or  less  being  the  number  of  the  papers 
written  for  them  shall  be  deputies  for  that  Court, 
whose  names  shall  be  endorsed  on  the  backside  of 
the  warrant,  and  returned  into  the  Court  with  the 
Constable  or  Constables  hand  unto  the  same. 

VIIJ.  It  is  ordered,  sentenced  and  decreed, 
that  Windsor,  Hartford  and  Weathersfield,  shall 
have  power,  each  town  to  send  four  of  their  free- 
men as  their  deputies  to  every  General  Court,  and 
whatsoever  other  towns  shall  be  hereafter  added 
to  the  jurisdiction,  they  shall  send  so  many  depu- 
ties as  the  Court  shall  think  meet,  a  reasonable 
proportion  to  the  number  of  freemen  that  are  in 
the  said  towns,  being  to  be  attended  therein,  which 
deputies  shall  have  the  power  of  the  whole  town 
to  give  their  votes  and  allowance  to  all  such  laws 
and  orders  as  may  be  for  the  publick  good,  and 
unto  which  the  said  towns  are  to  be  bound. 

IX.  It  is  ordered,  sentenced  and  decreed,  that 
the  deputies  thus  chosen,  shall  have  power  and 
liberty  to  appoint  a  time  and  a  place  of  meeting 
together  before  any  General  Court,  to  advise  and 


The  old  Constitution,  25 

consult  of  all  such  things  as  may  concern  the  good 
of  the  publick,  as  also  to  examine  their  own  Elec- 
tions whether  according  to  the  order,  and  if  they 
or  the  greatest  part  of  them  find  any  Election  to 
be  illegal,  they  may  seclude  such  person  present 
from  their  meeting,  and  return  the  same  and  their 
reasons  to  the  Court,  and  if  it  prove  true  the  Court 
may  fine  the  party  or  parties  so  intruding,  and  al- 
so the  Town  if  they  see  cause,  and  give  out  a 
warrant  to  go  to  a  new  Election  in  a  legal  way, 
either  in  part  or  in  whole  ;  also  the  said  deputies 
shall  have  power  to  fine  any  that  shall  be  disor- 
derly at  their  meetings,  or  for  not  coming  in  due 
time  or  place  according  to  appointment,  and  they 
may  return  the  said  fines  into  the  Court,  if  it  be 
refused  to  be  paid,  and  the  Treasurer  to  take  no- 
tice of  it  and  collect  or  levy  the  same  as  he  doth 
other  fines. 

X.  It  is  ordered,  sentenced  and  decreed,  that 
every  General  Court,  except  such  as  thro  neglect 
of  the  Governor  and  the  greatest  part  of  Magis- 
trates, the  Freemen  themselves  do  call,  shall  con- 
sisit  of  the  Governor  or  some  one  chosen  to  mod- 
erate the  Court,  and  four  other  Magistrates  at 
least,  with  the  major  part  of  the  deputies  of  the 
several  towns  legally  chosen.  And  in  case  the 
freemen,  or  the  major  part  of  them,  through  neg- 
lect or  refusal  of  the  Governor,  and  major  part  of 
the  Magistrates  shall  call  a  Court,  it  shall  consist 
of  the  major  part  of  freemen  that  are  present,  or 
their  deputies,  with  a  moderator  chosen  by  them, 
in  which  said  General  Court  shall  consist  the  su- 
preme power  of  the  Commonwealth,  and  they 
only  shall  have  power  to  make  Laws  or  repeal 
them,  to  grant  levies,  to  admit  freemen,  dispose  of 
lands  undisposed  of  to  several  towns  or  persons, 
and  also  shall  have  power  to  call  either  Court  or 

3 


26  The  old  Constitution, 

Magistrate  or  any  other  person  whatsoever  into 
question  for  any  misdemeanor,  and  may  for  just 
causes  displace  or  deal  otherwise,  according  to 
the  nature  of  the  offence  ;  and  also  may  deal  in 
other  matter  that  concerns  the  good  of  this  Com- 
monwealth, except  Election  of  Magistrates,  which 
shall  be  done  by  the  whole  body  of  freemen  ;  in 
which  Court  the  Governor  or  Moderator  shall 
have  power  to  order  the  Court  to  give  liberty  of 
speech,  and  to  silence  unreasonable  and  disorder- 
ly speakings,  to  put  all  things  to  vote,  and  in  case 
the  vote  be  equal,  to  give  the  casting  voice.  But 
none  of  these  Courts  shall  be  adjourned  or  dissol- 
ved without  the  consent  of  the  major  part  of  the 
Court. 

XI.  It  is  ordered,  sentenced  and  decreed,  that 
when  any  General  Court  upon  the  occasions  of  the 
Commonwealth,  have  agreed  upon  any  sum  or 
sums  of  money  to  be  levied  upon  the  several 
towns  withm  this  jurisdiction,  that  a  committee  be 
chosen  to  sett  out  and  appoint  what  shall  be  the 
proportion  of  every  town  to  pay  of  the  said  levy, 
provided  the  committee  be  made  up  of  an  equal 
number  out  of  each  town. 

14th  January  1638,  the  11  orders  abovesaid  are 
voted. 

The  oath  of  the  Governor  for  the  present  year. 

I,  A.  B.  being  now  chosen  to  be  Governor 
within  this  Jurisdiction,  for  the  year  ensuing  and 
until!  a  new  be  chosen,  do  swear  by  the  great 
and  dreadfull  name  of  the  everliving  God,  to  pro- 
mote the  public  good  and  peace  of  the  same  ac- 
cording to  the  best  of  my  skill,  and  also  Avill  main- 
tain all  lawful!  priviledges  of  this  Commonwealth, 
as  also  that  all  wholsome  Laws  that  are  or  shall 


The  old  Constitution,  27 

be  made  by  lawfull  authority  here  established  be 
duly  executed,  and  will  further  the  execution  of 
justice  according  to  the  rule  of  Gods  word,  so 
help  me  God  in  the  name  of  the  Lord  Jesus 
Christ. 

The  oath  of  a  Magistrate  for  the  present  year, 

I,  N.  W.  being  chosen  a  Magistrate  within  this 
Jurisdiction  for  the  year  ensuing,  do  swear  by  the 
great  and  dreadfull  name  of  the  ever  living  God, 
to  promote  the  publick  good  and  peace  of  the 
same  according  to  the  best  of  my  skill,  and  that  I 
will  maintain  all  the  lawfull  priviledges  thereof, 
according  to  my  understanding,  and  also  assist  in 
the  execution  of  all  such  wholsome  Laws  as  are 
made  or  shall  be  made  by  lawfull  authority  there 
established,  and  will  further  the  execution  of  jus- 
tice for  the  time  aforesaid  according  to  the  righte- 
ous rule  of  God's  word,  so  help  me  God. 

The  oath  of  a  Constable, 

I,  A.  B.  of  W.  do  swear  by  the  great  and  dread- 
full  name  of  the  overliving  God,  that  for  the  year 
ensuing  and  untill  a  new  be  chosen  I  will  faithfully 
execute  the  office  and  place  of  a  Constable  for 
and  within  the  said  plantation  of  W,  and  the  lim- 
its thereof,  and  that  I  will  endeavor  to  preserve 
the  publick  peace  of  the  said  place  and  Comon- 
wealth,  and  will  do  my  best  endeavour  to  see  all 
watches  and  wards  executed,  and  to  obey  and  ex- 
ecute all  lawfull  commands  or  warrants  that  come 
to  me  from  any  Magistrate  or  Magistrates  or 
Court,  so  help  me  God  in  the  Lord  Jesus  Christ. 


28  Aiiicles  of  Confederation. 

In  accordance  with  the  foregoing  articles,  the 
people  assembled  at  Hartford  on  the  second  Thurs- 
day of  April  1G39,  and  elected  the  following  offi- 
cers for  the  year  ensuing,  viz  ; 

John  Haynes,  Governor — Roger  Ludlow,  Dep- 
uty Governor. 

George  Wyllys,  Edward  Hopkins,  Thos.  Wells, 
John  Webster,  William  Phelps,  Magistrates  or 
Assistants. 

The  Representatives  of  the  General  Court  were 
John  Steele,  Mr.  Spencer,  John  Pratt,  Edward 
Stebbins,  Mr.  Gaylord,  Henry  Wolcott,  Mr. 
Stoughton,  Mr.  Ford,  Thurston  Rayner,  George 
Hubbard,  Richard  Crabb.* 


ARTICLES  of  CONFEDERATION  betwixt 
the  Plantations  under  the  Government  of  the 
Massachusetts,  the  Plantations  under  the  Gov- 
ernment of  Plymouth,  the  Plantations  under  the 
Government  of  Connecticut,  and  the  Govern- 
ment of  New  Haven,  with  the  Plantations  in 
combination  therewith. 

Whereas  we  all  come  into  these  parts  of 
America,  with  one  and  the  same  end  and  ayme, 
namely,  to  advance  the  Kingdome  of  our  Lord 
Jesus  Christ,  and  to  enjoy  the  liberties  of  the  Gos- 
pel, in  purety  with  peace ;  and  whereas  in  our 
settling  by  a  wise  Providence  of  God  we  are  fur- 
ther dispersed  upon  the  sea  coasts  and  Rivers,  then 


This  was  the  first  Election  by  the  People  in  Connecticut. 


Articles  of  Confederation.  29 

was  first  intended,  so  that  we  cannot  (according 
to  our  desire)  witli  convenience  communicate  in 
one  Government,  and  Jurisdiction;  and  whereas 
we  Hve  encompassed  with  people  of  several!  na- 
tions, and  strange  languages,  which  may  hereafter 
prove  injurious  to  us,  and  our  posterity:  and  for 
as  much  as  the  natives  have  formerly  committed 
sundry  insolencies  and  outrages  upon  several  plan- 
tations of  the  English,  and  have  of  late  combined 
themselves  against  us  ;  and  seeing  by  reason  of 
the  sad  distractions  in  England,  which  they  have 
heard  of;  and  by  which  they  know  we  are  hin- 
dered, both  from  that  humble  way  of  seeking  ad- 
vice, and  reaping  those  comfortable  fruits  of  pro- 
tection which,  at  other  times,  we  might  well  ex- 
pect ;  we  therefore  doe  conceive  it  our  bounden 
duty,  without  delay,  to  enter  into  a  present  con- 
sotiation  amongst  ourselves,  for  mutuall  help  and 
strength  in  all  our  future  concernments,  that  as  in 
nation,  and  religion,  so  in  other  respects,  we  be, 
and  continue,  one,  occording  to  the  tenour  and 
true  meaning  of  the  ensuing  articles. 

1.  Wherefore  it  is  fully  agreed  and  concluded 
by  and  between  the  parties,  or  jurisdictions  above 
named,  and  they  doe  joyntly  and  severally  by  these 
presents  agree  and  conclude,  that  they  all  be,  and 
henceforth  be  called  by  the  name  of  the  United 
Colonies  of  New  England. 

2.  The  said  United  Colonies  for  themselves, 
and  their  posterities,  doe  severally  and  joyntly 
and  severally  hereby  enter  into  a  firm  and  perpet- 
uall  league  of  friendship  and  amity,  for  oftence  and 
defence,  mutuall  advice  and  succour,  upon  all  just 
occasions,  both  for  preserving  and  propagating 
the  truth,  and  liberties  of  the  Gospel,  and  for  their 
own  mutuall  safety  and  wellfare. 

3.  It  is   further   agreed,  that  the  plantations 

3* 


80  Articles  of  Confederation. 

which  at  present  are,  or  hereafter  shall  be  settled 
within  the  limits  of  the  Massachusetts,  shall  be 
forever  under  the  government  of  the  Massachu- 
setts ;  and  shall  have  peculiar  jurisdiction  amongst 
themselves,  as  an  entire  body ;  and  that  Plymouth, 
Connecticut,  and  New  Haven,  shall  each  of  them, 
in  all  respects,  have  the  like  peculiar  jurisdiction 
and  government,  within  their  limits.  And  in  re- 
ference to  the  plantations  which  already  are  set- 
tled, or  shall  hereafter  be  erected  and  shall  settle 
within  any  of  their  limits  respectively,  provided 
that  no  other  jurisdiction  shall  hereafter  be  taken 
in,  as  a  distinct  head,  or  member  of  this  confede- 
ration, nor  shall  any  other,  either  plantation  or  ju- 
risdiction in  present  being,  and  not  already  in  com- 
bination, or  under  the  jurisdiction  of  any  of  these 
confederates,  be  received  by  any  of  them,  nor 
shall  any  two  of  these  confederates,  joyne  in  one 
jurisdiction,  without  consent  of  the  rest,  which 
consent  to  be  interpreted,  as  in  the  sixt  ensuing 
articles  is  expressed. 

4.  It  is  also  by  these  confederates  agreed,  that 
the  charge  of  all  just  wars,  whether  offensive  or 
defensive,  upon  what  part  or  member  of  this  con- 
federation soever  they  fall,  shall  both  in  men,  pro- 
visions, and  all  other  disbursements,  be  borne  by 
all  the  parts  of  this  confederation,  in  different  pro- 
portions, according  to  their  different  abilities,  in 
manner  following,  namely  :  that  the  commission- 
ers for  each  jurisdiction,  from  time  to  time,  as 
there  shall  be  occasion,  bring  a  true  account  and 
number  of  all  the  males  in  each  plantation,  or  any 
way  belonging  to,  or  under  their  severall  jurisdic- 
tions, of  what  quality,  or  condition  soever  they  be, 
from  sixteen  years  old,  to  three  score,  being  in- 
habitants there  ;  and  that  according  to  the  differ- 
ent numbers,  which  from  time  to  time  be  found  in 


Articles  of  Confederation,  31 

each  jurisdiction,  upon  a  true,  and  just  account, 
the  service  of  men,  and  all  charges  of  the  war,  be 
born  by  the  poll :  each  jurisdiction  or  plantation, 
being  left  to  their  own  just  course  and  custome,  of 
rating  themselves  and  people,  according  to  their 
different  estates,  wjth  due  respect  to  their  quali- 
ties and  exemptions  among  themselves,  though 
the  confederation  take  no  notice  of  any  such  priv- 
iledge.  And  that  according  to  the  different  charge 
of  each  jurisdiction,  and  plantation,  the  whole  ad- 
vantage of  the  war  (if  it  please  God  to  so  bless 
their  endeavours)  whether  it  be  in  lands,  goods, 
or  persons,  shall  be  proportionably  divided  among 
the  said  confederates. 

5.  It  is  further  agreed,  that  if  any  of  these  ju- 
risdictions, or  any  plantation,  under  or  in  combi- 
nation with  them,  be  invaded  by  any  enemy 
whomsoever,  upon  notice,  and  request  of  any 
three  Magistrates  of  that  jurisdiction  so  invaded  : 
the  rest  of  the  confederates,  without  further  no- 
tice or  expostulation,  shall  forthwith  send  ayde  to 
the  confederate  in  danger,  but  in  different  propor- 
tion ;  namely,  the  Massachusetts,  one  hundred  men 
sufficiently  armed  and  provided  for  such  a  service 
and  journey ;  and  each  of  the  rest,  five  and  forty  men, 
so  armed  and  provided,  or  any  lesse  number,  if 
lesse  be  required,  according  to  this  proportion. — 
But  if  such  a  confederate  may  be  supplied  by 
their  next  confederate,  not  exceeding  the  number 
hereby  agreed,  they  may  crave  help  there,  and 
seek  no  further  for  the  present.  The  charge  to 
be  born,  as  in  the  articles  is  expressed  ;  and  at 
their  return  to  be  victualled  and  supplied  with  pow- 
der and  shot  (if  there  be  need)  for  their  journey, 
by  that  jurisdiction,  which  employed  or  sent  lor 
them.  But  none  of  the  jurisdictions  to  exceed 
these  numbers,  till  by  a  meeting  of  the  commis- 


32  Articles  of  Confederation. 

sioners  for  this  confederation,  a  greater  ayde  ap- 
pear necessary.  And  this  proportion  to  continue, 
till  upon  knowledge  of  the  numbers  in  each  juris- 
diction, which  shall  be  brought  to  the  next  meet- 
ing, some  other  proportion  be  ordered.  But  in 
any  such  case  of  sending  men  for  present  ayde, 
whether  before  or  after  such  order  or  alteration,  it 
is  agreed,  that  at  the  meeting  of  the  commission- 
ers, for  this  confederation,  the  cause  of  such  war 
or  invasion,  be  duly  considered,  and  if  it  appear, 
that  the  fault  lay  in  the  party  so  invaded,  that  then, 
that  jurisdiction  or  plantation,  make  just  satisfac- 
tion, both  to  the  invaders,  whom  they  have  injur- 
ed, and  bear  all  the  charges  of  the  wa-  themselves, 
without  requiring  any  allowance  from  the  rest  of 
the  confederates  toward  the  same. 

And  further,  if  any  jurisdiction  see  any  danger 
of  an  invasion  approaching,  and  there  be  time  for 
a  meeting,  that  in  such  case,  three  Magistrates  of 
that  jurisdiction  may  summon  a  meeting,  at  such 
convenient  place,  as  themselves  shall  think  meet, 
to  consider,  and  provide  against  the  threatened 
danger.  Provided,  when  they  are  met,  they  may 
remove  to  what  place  they  please,  onely  while  any 
of  these  four  confederates,  have  but  three  Magis- 
trates in  their  jurisdiction,  a  request  or  summons, 
from  any  two  of  them,  shall  be  accounted  of  equal 
force,  with  the  three  mentioned  in  both  the  clau- 
ses of  this  article,  till  there  be  an  increase  of  Ma- 
gistrates there. 

6.  It  is  also  agreed,  that  for  the  managing  and 
concluding  of  all  affaires  proper  to,  and  concern- 
ing the  whole  confederation,  two  commissioners 
shall  be  chosen  by,  and  out  of  the  foure  jurisdictions, 
namely  :  two  for  the  Massachusetts,  two  for  Plym- 
outh, two  for  Connecticut,  and  two  for  New  Ha- 
ven, being  all  in  church  fellowship  with  us,  which 


Articles  of  Confederation.  33 

shall  bring  full  power  from  their  severall  generall 
Courts  respectively,  to  hear,  examine,  weigh  and 
determine  all  affaires  of  war,  or  peace,  leagues, 
aydes,  charges  and  numbers  of  men  for  \var,  di- 
vision of  spoyles,  or  whatsoever  is  gotten  by  con- 
quest, receiving  of  more  confederates,  or  planta- 
tions into  combination  with  any  of  these  confede- 
rates, and  all  things  of  like  nature,  which  are  the 
proper  concomitants,  or  consequenses  of  such  a 
confederation,  for  amity,  offence,  and  defence,  not 
intermedling  with  the  government  of  any  of  the 
jurisdictions,  which  by  the  third  article,  is  preser- 
ved entirely  to  themselves.  But  if  these  eight 
commissioners,  when  they  meet,  shall  not  all  agree, 
yet  it  is  concluded  that  any  six  of  the  eight  agree- 
ing, shall  have  power  to  settle,  and  determine  the 
businesse  in  question.  '  But  if  six  doe  agree,  that 
then  such  propositions,  with  their  reasons,  so  far 
as  they  have  been  debated,  be  sent,  and  refered  to 
the  foure  generall  Courts,  viz  :  the  Massachusetts, 
Plymouth,  Connecticut,  and  New  Haven.  And  if 
at  all  the  said  generall  Courts  business  so  referred, 
be  concluded,  then  to  be  prosecuted  by  the  con- 
federates, and  all  their  members.  It  is  further 
agreed,  that  these  eight  commissioners  shall  meet 
once  every  year,  besides  extraordinary  meetings, 
according  to  the  fifth  article,  to  consider,  treat, 
and  conclude  of  all  affaires  belonging  to  this  con- 
federation, which  meeting  shall  ever  be  the  first 
Thursday  in  September.  And  that  the  next  meet- 
ing after  the  date  of  these  presents,  which  shall 
be  accounted  the  second  meeting,  shall  be  at  Bos- 
ton in  the  Massachusetts,  the  third  at  Hartford, 
the  fourth  at  New  Haven,  the  fifth  at  Plymouth, 
the  sixth  and  seventh  at  Boston ;  and  then  Hart- 
ford, New  Haven,  and  Plymouth,  and  so  in  course 
successively.    If  in  the  mean  time,  some  middle 


34  Articles  of  Confederation. 

place  be  not  found  out,  and  agreed  on  which  may 
be  comodious  for  all  the  jurisdictions. 

7.  It  is  further  agreed,  that  at  each  meeting  of 
the  eight  commissioners,  whether  ordinary  or  ex- 
traordinary ;  they  all,  or  any  six  of  them  agreeing 
as  before,  may  choose  their  President  out  of  them- 
selv^,  whose  office  and  work,  shall  be  to  take 
care,  and  direct  for  order,  and  a  comely  carrying 
on  of  all  proceedings  in  the  present  meeting.  But 
he  shall  be  invested  with  no  such  power  or  re- 
spect, as  by  which  he  shall  hinder  the  propounding 
or  progresse  of  any  businesse,  or  any  way  cast 
the  scales,  otherwise  then  in  the  precedent  article 
is  agreed. 

8.  It  is  also  agreed,  that  the  commissioners  for 
this  confederation,  hereafter  at  their  meetings, 
whether  ordinary  or  extraordinary,  as  they  may 
have  commission  or  opportunity,  doe  endeavour  to 
frame  and  establish  agreements  and  orders  in  gen- 
erall  cases  of  a  civil  nature,  wherein  all  the  plan- 
tations are  interested,  for  preserving  peace  amongst 
themselves,  and  preventing  (as  much  as  may  be) 
all  occasions  of  war,  or  differences  with  others,  as 
about  the  free  and  speedy  passage  of  justice  in 
each  jurisdiction,  to  all  the  confederates  equally,  as 
to  their  own,  receiving  those  that  remove  from 
one  plantation  to  another  without  due  certificates, 
how  all  the  jurisdictions  may  carry  it  towards  the 
Indians  that  they  neither  grow  insolent,  nor  be  in- 
jured without  due  satisfaction,  lest  war  break  in 
upon  the  confederates,  through  such  miscarriage. 
It  is  also  agreed,  that  if  any  servant  run  away  from 
his  master,  into  any  other  of  these  confederated 
jurisdictions,  that  in  such  case,  upon  the  certificate 
of  one  Magistrate  in  the  jurisdiction,  out  of  which 
the  said  servant  fled,  or  upon  other  due  proof,  the 
said  servant  shall  be  delivered,  either  to  his  mas- 


Articles  of  Confederation.  35 

ter,  or  any  other  that  pursues,  and  brings  such 
certificate,  or  proof.  And  that  upon  the  escape  of 
any  prisoner  whatsoever,  or  fugitive,  for  any  crim- 
inal! cause,  wliether  breaking  prison,  or  getting 
from  the  officer,  or  otherwise  escaping,  upon  the 
certificate  of  two  Magistrates  of  the  jurisdiction, 
out  of  which  the  escape  is  made,  that  he  w^as  a 
prisoner,  or  such  an  offender  at  the  time  of  the 
escape  ;  the  magistrates,  or  some  of  them,  of  that 
jurisdiction,  where  for  the  present  the  said  prisoner 
or  fugitive  abideth,  shall  forthwith  grant  such  a 
w^arrant,  as  the  case  will  bear,  for  the  apprehend- 
ing of  any  such  person,  and  the  delivering  of  him 
into  the  hand  of  the  officer,  or  other  person  who 
pursueth  him.  And  if  help  be  required  for  the 
safe  returning  of  any  ofiender,  it  shall  be  granted 
unto  him  that  craves  the  same,  he  paying  the  char- 
ges thereof. 

9.  And  for  that  the  justest  w-ars  may  be  of 
dangerous  consequence,  especially  to  the  smaller 
plantations,  in  these  united  colonyes,  it  is  agreed, 
that  neither  the  Massachusetts,  Plymouth,  Con- 
necticut nor  New  Haven,  nor  any  of  the  members 
of  any  of  them,  shall  at  any  time  hereafter,  begin, 
undertake  or  engage  themselves,  or  this  confede- 
ration or  any  part  thereof,  in  any  war  whatsoever, 
(sudden  exigents  with  the  necessary  consequences 
thereof  excepted,  which  are  also  to  be  modera- 
ted, as  much  as  the  case  will  permit)  without  the 
consent  and  agreement  of  the  forenamed  com- 
missioners, or  at  least  six  of  them,  as  in  the  sixt 
article  is  provided.  And  that  no  charge  be  re- 
quired of  any  of  the  confederates  in  case  of  a 
defensive  war,  till  the  said  commissioners  have 
met,  and  approved  the  justice  of  the  war  ;  and 
have  agreed  upon  the  sum  of  money  to  be  levied, 
which  sum  is  then  to  be  paid  by  the  severall  con- 


36  Articles  of  Confederation. 

federates,  in  proportion,  according  to  the  fourth 
article. 

10.  That  in  extraordinary  occasions,  when 
meetings  are  summoned  by  three  Magistrates  of 
any  jurisdiction,  or  two,  as  in  the  fifth  article,  if 
any  of  the  commissioners  come  not,  due  warning 
being  given,  or  sent,  it  is  agreed,  that  four  of  the 
commissioners  shall  have  power  to  direct  a  war, 
which  cannot  be  delayed,  and  to  send  for  due  pro- 
portions of  men,  out  of  each  jurisdiction,  as  well 
as  six  might  doe,  if  all  met,  but  not  lesse  than  six 
shall  determine  the  justice  of  the  war,  or  allow 
the  demands,  or  bills  of  charges,  or  cause  any  lev- 
ies to  be  made  for  the  same. 

It  is  further  agreed,  that  if  any  of  the  confede- 
rates shall  hereafter  break  any  of  these  present 
articles,  or  be  any  other  way  injurious  to  any  one 
of  the  other  jurisdictions,  such  breach  of  agree- 
ment, or  injury  shall  be  duly  considered,  and  or- 
dered by  the  commissioners  for  the  other  jurisdic- 
tions, that  both  peace,  and  this  present  confedera- 
tion, may  be  entirely  preserved  without  violation. 

Lastly,  this  perpetuall  confederation,  and  the 
severall  articles  and  agreements  thereof,  being 
read  and  seriously  considered,  both  by  the  generall 
Court  for  the  Massachusetts,  and  by  the  commis- 
sioners for  Plymouth,  Connecticut,  and  New  Ha- 
ven, were  presently  and  fully  allowed  and  con- 
firmed by  three  of  the  forementioned  confederates, 
namely :  the  Massachusetts,  Connecticut  and  New 
Haven  ;  in  testimony  whereof,  the  generall  Court 
ot  the  Massachusetts,  by  their  Secretary,  and  the 
commissioners  for  Connecticut  and  New  Haven, 
subscribed  them  the  19th  day  of  the  third  month, 
commonly  called  May,  Anno.  Domoni,  1643. 

Only  the  commissioners  from  Plymouth,  having 
brought  no  commission  to  conclude,  desired  re- 


Colonial  Petition  to  Charles  11.  37 

spite  to  advise  with  their  generall  Court,  which 
was  granted,  and  at  the  second  meeting  of  the 
commissioners  for  the  confederation,  held  at  Bos- 
ton, in  September  following,  the  commissioners 
for  the  jurisdiction  of  Plymouth,  delivered  in  an 
order  of  their  generall  Court,  dated  the  29th  of 
August  1643,  by  which  it  appeared  that  these  ar- 
ticles of  confederation  w^ere  read,  approved  and 
confirmed  bv  the  said  Court,  and  all  their  town- 
ships,  and  their  commissioners  authorized  to  rati- 
fic  them  by  their  subscriptions,  which  they  accor- 
dingly did  the  7th  day  of  September,  1043. 

The  foregoing  articles  were  signed  in  behalf  of 
the  Commissioners  and  the  General  Court  of  Mas- 
sachusetts, by  Increase  Howell,  Secretary. 

The  Commissioners  for  Massachusetts,  were 
John  Winthiop,  Joseph  Dudley,  Simon  Brad- 
street,  W.  Hawthorne,  Mr.  Gibbons,  Mr.  Tyng. 

For  Connecticut,  John  Haynes,  Edward  Hop- 
kins. 

For  New  Haven,  Theophilus  Eaton,  Thomas 
Gregson. 

For  Plymouth,  Edw  ard  Winslow,  William  Col- 
lier. 


The  humble  Petition  of  the  General  Court  at 
Hartford  upon  Connecticott  in  New  England, 
to  the  High  and  mighty  Prince  Charles  the  seC' 
ond,  humbly  sheweth, 

That  your  Petitioners  have   not  had  for  niany 
years  past,  since  their  possession  and  inhabiting 

4 


38  Colonial  Petition  to  Charles  IL 

these  western  and  innland  parts  of  this  wilderness, 
any  opportunity,  (by  reason  of  the  calamities  of 
the  late  sad  times)  to  look  for  and  obtain  such 
grant  by  letters  pattents,  from  your  excellent  Ma- 
jesty, the  Sovreign  Lord  and  King,  as  might  as- 
sure them  of  such  liberties  and  priviledges  and 
sufficient  power,  as  might  encourage  them  to  go 
on  through  all  difficulties,  hazzards  and  expences, 
in  so  great  a  work  of  plantation,  in  a  place  so  re- 
moate  from  the  christian  world,  and  a  desert  so 
difficultly  subdued,  and  no  way  improveable  for 
subsistence,  but  by  great  cost  and  hard  labour  with 
much  patience  and  cares  ;  and  whereas  besides, 
the  great  charge  that  hath  been  expended  by  our 
Fathers,  and  some  of  their  associates  yett  survi- 
ving, about  the  purchass,  building,  fortifying  and 
other  matters  of  cultering  and  improveing  to  a 
condition  of  safety  and  subsistence  in  the  places 
of  our  present  abode  amonge  the  Heathen,  where- 
by there  is  a  considerable,  and  a  reall  addition  to 
the  honnour  and  enlargements  of  his  Majesties 
dominion,  by  the  sole  disbursments  of  his  Majes- 
ties subjects  here,  of  their  own  propper  Estates  : 
They  have  laid  out  a  very  great  summ  for  the  pur- 
chassing  a  Jurisdiction  Right,  of  Mr.  George  Fen- 
wick,  which  they  were  given  to  understand  was 
derived  from  true  Royall  authority,  by  Letters 
Pattents  to  certain  Lords  and  Gentlemen  therein 
nominated  ;  a  copy  whereof  was  produced  before 
the  commissioners  of  the  colonys,  and  approved 
by  them,  as  appears  by  their  Records,  a  coppy 
whereof  is  ready  to  be  presented  at  your  Majes- 
ties command  ;  though  either  by  fire,  at  an  house, 
where  it  had  been  sometimes  kept,  or  some  other 
accident,  is  now  lost,  with  which  your  poor  sub- 
jects were  rather  willing  to  have  contented  them- 
selves within  those  afilicting  times,  then  to  look  for 


Colonial  Petition  to  Charles  IL  39 

power  or  priviledges  from  any  then  their  lawfull 
Prince  and  Sovreign. 

May  it  therefore  please  your  most  gracious  and 
Excellent  Majestic  to  confer  upon  your  humble 
Petitioners  (who  unanimously  do  implore  your 
Highness  favour  and  Grace  therein)  those  liber- 
ties, rights,  authoritys  and  priviledges  which  were 
granted  by  the  forementioned  Letters  Pattents,  to 
certain  Lords  and  Gent,  so  purchased  as  aforesaid, 
or  which  were  enjoyed  from  those  Letters  Pat- 
tents,  granted  to  the  Massachusetts  Plantation  by 
our  Fathers,  and  some  of  us  yett  surviveing  when 
there,  in  our  beginnings  inhabiting :  and  upon 
which  those  large  incouragements,  liberties  and 
priviledges,  so  great  a  transplantation  from  our 
dear  England,  was  undertaken  (and  supposed  to 
be  yett  our  inheritance,  till  the  running  of  that 
western  hne,  the  bounded  hmits  of  those  Letters 
Pattents  did  since  our  removall  thence  determine 
our  lott  to  be  fallen  without  the  limits  of  that  so 
bounded  authority.)  May  it  please  your  Majestie 
graciously  to  bestow  uppon  your  humble  suppli- 
ants such  Royall  munificence  according  to  the  ten- 
our  of  a  draft  or  instrument,  which  is  ready  here 
to  be  tendered  at  your  Gracious  order. 

And  whereas  besides  those  many  other  great 
disbursments  as  aforesaid,  in  prosecution  of  this 
wilderness  work,  your  poor  Petitioners  were  forced 
to  maintain  a  warr  against  one  nation  of  the  Hea- 
thens that  did  much  interrupt  the  beginnings  of 
your  servants,  by  many  bloody  and  hostile  acts, 
whereby  divers  of  our  dear  countrymen  were 
treacherously  destroyed,  and  have  also  been  ever 
since,  and  are  still  at  much  charge  in  keeping  such 
a  correspondence  of  peace  and  amity,  with  the  di- 
vers sorts  of  the  heathen  nations  that  are  round 
about  your  plantations,  thus  far  extended  into  the 


'40^  Colonial  Petition  to  Charles  II. 

bowells  of  the  country,  besides  the  maintenance 
of  all  publick  charges  for  church  and  civill  affairs, 
which  are  very  great,  in  respect  of  our  great  pov- 
erty :  May  it  please  your  most  Excellent  Majes- 
tic, out  of  your  princely  bounty  to  grant  our  im- 
munity from  customes  as  may  encourage  the  mer- 
chants, to  supply  our  necessities,  in  such  comodi- 
ties  as  may  be  wanting  here,  for  which  we  have 
neither  silver  nor  gold  to  pay,  but  the  supply  in 
that  kind  may  inable  in  due  time  to  search  the 
bowells  of  the  earth  for  some  good  minerals, 
whereof  there  seem  to  be  fair  probabilities,  or 
produce  some  such  other  staple  comodities,  as 
may  in  future  time  opperate  to  be  good  effects  of 
yV  Majesties  goodness  and  bounty.  If  your  poor 
colony  may  find  this  Gracious  acceptance  with 
your  Majestic,  as  to  grant  their  humble  desires, 
whereby  they  may  be  incouraged  to  goe  on  care- 
fully and  strenuously  in  their  plantation  business, 
in  hope  of  a  comfortable  settlement  for  them- 
selves, and  their  posterity,  that  under  your  Royall 
Protection,  they  may  prosper  in  this  desert,  they 
ishall,  as  is  their  acknowledged  duty,  ever  pray  for 
your  great  tranquility  and  perpetuall  happiness, 
and  humbly  craveing  leave  they  subscribe  them- 
selves, your  Majesties  Loyall  Subjects  and  Ser- 
vants. 

The  Generall  Court  of  the  Colony  of  Connec- 
ticott  in  New  England,  pr  their  Order, 

DANIEL  CLARK,  Secry. 

Dated  June  7th,  1G61. 

Note. — At  a  Session  of  the  General  Court  in  May,  it  was 
resolved  to  petition  the  King  for  a  Charter  under  the  Royal 
Signature.  They  avowed  their  allegiance  to  his  Majesty 
Charles  the  Second,  and  declared  themselves  his  faithful  sub- 
jects ;  and  that  it  was  necessary  to  petition  hjs  grace  for  the 
continuance  of  their  rights  and  privileges.    The  Court  re- 


Letter  to  Lord  Say  and  Seal,  41 

solved  that  five  hundred  pounds  (due  the  Colony  from  a  Mr. 
Cullick)*  should  be  appropriated  to  the  prosecution  of  their 
address  and  application  for  a  Charter.  Governor  Winthrop 
was  appointed  Agent  to  present  the  petition  to  his  Majesty, 
and  transact  all  affairs  in  England  relative  to  it.  At  the 
same  time  a  letter  was  addressed  to  Lord  Say  and  Seal,  rep- 
resenting the  encouragements  which  they  had  received  from 
him,  with  assurances  of  his  patronage  and  favor.  He  re- 
ceived the  address  from  the  Colony  most  favorably,  and  gave 
Gov.  Winthrop  all  the  assistance  in  his  power.  Gov.  Win- 
throp was  a  man  of  address,  and  he  arrived  in  England  at  a 
happy  time  for  Connecticut.  He  had  an  extraordinary  Ring, 
which  had  been  given  his  Grand  Father  by  King  Charles  the 
first,  which  he  presented  to  the  King.  Under  these  circum- 
stances the  petition  of  Connecticut  was  presented,  and  was 
received  with  uncommon  grace  and  favor.  Upon  the  23d 
of  April  1662,  his  Majesty  granted  the  Colony  his  letters 
pattent,  conveying  the  most  ample  privileges,  under  the  great 
seal  of  England.    Trum.  Hist.  Con. 


Copy  of  a  Letter  sent  from  the  Governed  and 
General  Court  of  the  Colony  of  Connectitut,  to 
the  Lord  Say  and  Seal. 

Right  Honourable — 

The  former  encouragements  that  our  Fathers 
and  some  of  their  yett  surviving  associates  recei- 
ved from  your  Honour,  to  transplant  themselves 
and  families  into  these  inland  parts  of  this  vast 
wilderness,  where  (as  we  have  been  given  to  un- 
derstand) your  Honnor  was,  and  as  we  conceive 

*  It  appears  from  the  Records  of  the  Colony,  that  the  va- 
rious appropriations  made,  and  taxes  imposed,  to  defray  the 
charges  of  Gov.  Winthrop's  agency,  and  other  necessary 
expences  attending  it,  that  the  Charter  cost  the  Colony  near- 
ly $6000. 

4* 


43  Letter  to  Lord  Say  and  Seal, 

and  hope  are  still  interested  by  value  of  Pattent 
power,  and  authority,  doth  not  only  perswade  us, 
but  assure  us   of  your  patronage   and  favour,  in 
that  which  may  come  within  your  power,  wherein 
our  comfort  and  settlement,  and  the  well  being  of 
our  posterity,  and  the   whole  Colony,  both  in  civill 
and  Ecclesiastick  pollicie  is  so  deeply  concerned. 
Honourable  Sir,  nott  long  after  that  some  persons 
of  noate,  we  forbear  to  recite,  had  settled  upon 
this  River  of  Connecticott,  and  some   Plantations 
up  the  River  were  possessed,  and  in  some  measure 
improved ;  Mr.  George  Fenwick  took  possession 
of  Saybrook  Fort,  there  resideing  for  certain  or 
severall  years  ;  at  length  he   was  moved  for  ends 
best  known  to  himself  to  returne  to  England,  and 
thereupon  propounded  by  himself,  or  agent,  the 
sale  of  the  Fort,  with  the  Housing  there,  and  sev- 
erall appertenances,  together  with  all  the   Lands 
on  the  River,  and  so  to  the  Narragansett  Bay,  with 
jurisdiction  power  to  this  Colony,  which  was  ex- 
ceedingly opposed  by  severall  amongst  us,  whom 
somejof  us  have  heard  to  affirm  that  such  a  thing 
woula^3e  very  distastfull  to  your  Honour,  with  the 
rest  of  the  noble  Pattentees,  who  had  very  boun- 
tifull  intentions  to  this  Colony  nevertheless,  the 
there   was  a  stopp  for  the  present,  yett  in  some 
short  time,    (God   removeing  some  from   us   by 
death,  that  were  interested  in  the  hearts  and  af- 
fections of  severall  of  those  Nobles  and  Gent,  the 
Pattentees  in  England)  the  business  of  purchass 
was  revived  by  Mr.  Fenwick,  and  expressions  to 
this  purpose  given   out  by  him  or  his  agents,  or 
both,  that  he  had  power  to  dispose  of  the  premi- 
ses, the  rest  of  the  Pattentees  deserting,  it  fell  into 
his  hands  by  agreement ;  and  in  case  the  Towns 
on  the  River,  refused  to  comply  with  such  terms 
as  he  proposed  for  the  purchassing  of  the  said 


Letter  to  Lord  Say  and  Seal,  43 

Fort  &c.,  itt  was  frequently  reported  that  he  pro- 
posed either  to  impose  customes  on  the  River,  or 
make  sale  thereof  to  the  Dutch,  our  noxious  neigh- 
bours, at  last  for  our  peace  and  settlement  and 
security  (as  we  hoped)  we  made  by  our  Commit- 
tee, an  agreement  with  the  said  Mr.  Fenwick,  a 
coppie  whereof  is  ready  to  be  presented  unto  your 
Honnour,  which  cost  this  River,  one  thousand  six 
hundred  pounds  or  thereabouts,  wherein  your 
Honnour  may  see  the  great  abuse  that  we  receiv- 
ed at  Mr.  Fenwicks  hand,  receiving  a  vast  sum 
from  a  poor  people,  and  we  scarcely  att  all  advan- 
taged thereby ;  may  we  judge  our  condition  worse 
then  if  we  had  contented  ourselves  with  the  pat- 
ronage of  the  grand  Pattentees,  for  we  have  not 
so  much  as  a  coppy  of  a  Pattent  to  secure  our 
standing  as  a  comonwealth,  nor  to  ensure  us  for 
the  continuance  of  our  rights  and  priviledges  and 
immunities,  which  we  thought  the  jurisdiction  pow- 
er and  authority  which  Mr.  Fenwick  had  engaged 
to  us,  and  we  paid  for  at  a  dear  rate,  nor  an^jfabing 
under  his  hand  to  engage  him  and  his  he^^Hffhe 
performance  of  that  which  was  aimedfl^^Win- 
tended  in  our  purchase,  the  lands  up  the  River  for 
a  long  tract,  the  Massachusetts  Colony  doth  chal- 
lenge, and  have  run  the  line,  which  as  they  say, 
falls  into  one  of  our  Towns  ;  on  the  other  side  to- 
wards Narragansett,  we  know  not  how  to  claime, 
being  destitute  of  Pattent  and  a  coppie  to  decide 
the  bounds.  Be  pleased  noble  Sr  to  considder  our 
condition,  who  have  taken  upon  us  this  boldness 
to  address  his  Majestic,  our  Sovreigne  Lord,  and 
to  petition  his  Grace  and  favour  towards  us,  in 
granting  us  the  continuance  of  his  protection,  and 
the  continuance  of  those  priviledges  and  immuni- 
ties, that  we  have  hitherto  enjoyed  in  this  remote 
western  part  of  the   world ;  and  likewise   for  a 


44  Letter  to  Lord  Say  and  Seal. 

Pattent,  whereby  we  may  be  encouraged  and 
strengthened  in  our  proceedings.  Right  Honnour- 
able,  our  humble  request  to  yourself  is,  that  you 
would  be  pleased  to  countenance  our  enterprize, 
and  so  farr  favour  us,  as  to  councell  and  advise  our 
agent  who  is  to  Represent  this  poor  Colony,  and 
to  act  in  our  behalfe,  John  Winthrop  Esqr.,  our 
Honnoured  Governour,  whom  we  have  commis- 
sioned and  also  directed  to  await  your  Honnours 
pleasure,  for  advise  and  counsell,  both  respecting 
our  Petition  for  the  King's  Majestic,  as  also  re- 
specting the  case  forementioned,  that  if  there  be 
any  relief  for  us,  we  may  not  lose  such  a  conside- 
rable sum  of  money,  and  be  exposed  to  further 
expence  for  the  obtaining  a  Pattent.  If  we  may 
find  this  favour  with  your  Honnour  to  afford  your 
advice  and  counsell  and  hopefulness  to  bring  to  pass 
our  desiers,  we  shall  still  acknowledge  your  en- 
larged bounty  and  favourable  respect  to  us  and 
ours,  and  ever  pray  an  inundation  of  mercies  may 
flo-^jl^l^pon  your  Lordship  from  the  author  and 
fou^ajirV)f  blessing,  with  all  due  respect,  we  sub- 
scrioBljlyour  Lordships  Humble  Servants. 

The  Generall  Assembly  of  the  Colony  of  Con- 
necticut, pr,  their  Order, 

DANIEL  CLARK,  Secnj, 

Dated  June  7th,  166L 


Order  relative  to  Indian  Lands.  45 


The  Order  and  conclusion  of  his  Majesty^ s  Com- 
missioners relative  to  Indian  Lands  in  the  Nar- 
vaganset  Country. 

Haveing  received  from  some  of  the  principall 
Sachems  of  the  Narrogansett  Indians,  a  submis- 
sion, and  a  surrender  of  themselves,  their  subjects 
and  their  lands,  to  the  protection.  Government  and 
dispose  of  our  dread  Sovreign  the  King  of  Great 
Brittain,  France  and  Ireland,  as  well  by  their  per- 
sonal acknowledgements  and  laying  down  their 
arms,  as  at  his  Majesties  feet,  and  sending  his 
Majesty  some  presents,  as  also  by  giveing  us  a 
Deed,  dated  April  19th,  1644,  wherein  they  and 
all  the  other  chief  Sachems  of  that  country,  did 
then  submitt,  subject  and  give  over  themselves  to 
his  late  Majesty  of  blessed  memory,  and  by  pre- 
senting to  us  severall  Petitions  and  declarations, 
containing  many  injuries,  which  (they  say)  they 
have  received  from  severall  of  his  Majesti&s-Eng- 
lish  subjects,  against  whom  they  desire  justrce  from 
us.  Wee  his  Majesties  Commissioners  have  re- 
ceived them  into  his  Majesties  protection,  and  do 
in  his  Majesties  name,  order,  appoint  and'^om- 
mand,  that  the  said  country  from  hence  forward 
be  called  the  Kings  Province,  and  that  no  person 
of  what  Colony  soever  presume  to  exercise  any 
jurisdiction  within  this  the  Kings  Province,  but 
such  as  receive  authority  from  us  under  our  hands 
and  seals,  untill  his  Majesties  pleasure  be  further 
known :  and  we  also  declare  that  this  the  Kings 
Province  doth  extend  to  Pawkatuck  River  west- 
ward, and  a  north  line  drawn  to  the  Massachu- 
setts from  the  midst  of  the  mouth  thereof. 

And  whereas  Major  Atherton,  and  others  of  his 
Majesties  Colony  of  the  Massachusetts,  pretend  a 


46  Order  relative  to  Indian  Lands. 

mortgage  of  a  great  part  of  the  said  country,  we 
order  and  appoint,  that  whenever  either  of  the 
Sachems,  known  by  the  name  Pessicus  or  Nene- 
craft,  or  any  authorized  by  them,  do  pay  unto  any 
one  of  the  persons  laying  claime  to  the  same 
mortgage,  the  sum  of  seven  hundred  thirty-five 
Fathoms  of  Peage,  the  said  mortgage  shall  be  void, 
and  whatever  is  thereupon  pretended  to  by  them. 
And  whereas  there  is  also  two  purchases  pre- 
tended to,  of  two  great  tracts  of  land,  by  the  same 
Major  Atherton,  Capt.  Hudson  and  others  of  his 
Majesties  Colony  of  Massachusetts,  bought  of 
Cachanaquaud,  in  the  Narrogansett  country,  in 
the  year  1659,  in  which  Deed  there  is  no  mention 
of  any  consideration,  and  that  it  appears  the  said 
pretending  purchasers  know  that  the  said  country 
was  submitted  to  his  Majestic,  as  well  by  witness- 
es as  by  the  said  submission,  being  eighteen  years 
ago  printed.  Wee  his  Majesties  commissioners 
haveing  beared  the  whole  business,  do  declare  the 
said  Du^hases  to  be  void,  and  order  and  com- 
ma|jM^R  the  purchasers  shall  quitt,  and  go  off  the 
sMpr@Rded  purchased  land,  and  shall  not  keep 
aW  tlRf  any  sort  upon  the  said  land  by  pre- 
ten^^'f  the  said  purchase,  after  the  feast  of  St. 
Michael  next ;  if  within  that  time,  either  of  the 
Sachems  above  named,  or  any  authorized  by  them, 
do  pay  unto  any  one  of  the  said  purchasers  the 
summ  of  three  hundred  Fathom  of  Peage,  which 
is  the  only  sum  acknowledged  to  be  received  by 
the  said  Cachanaquaud — Given  under  our  hands 
and  seals  at  Petaquamskuck  the  20th  March,  lf)64. 

ROBERT  CARR,  ^"^ 

GEORGE  CARTWRIGHT, 
SAMUEL  MAVERICK. 


\ 

X 

#-* 

m-m 

X 

\ 

m^m 

#-* 

\ 

\ 

m-m 

A  Letter  to  the  Colony  of  Connecticut,        47 

Our  meaning  in  settling  the  western  bounds  to 
the  Kings  Province,  is  not  to  take  any  land  on  the 
west  side  of  the  River  mouth  called  Paucatuck, 
therefore  we  declare  that  the  northern  line  to  be 
drawn  to  the  Massachusetts  line  shall  begin  in  the 
midst  of  the  said  River,  a  little  above  Thomas 
Shaw's  House,  as  soon  as  one  may  ride  over  the 
River  on  horseback  at  low  water. " 

Given  under  our  hands  at  Southerton,  March 
30th,  1665. 

ROBERT  CARR, 
GEORGE  CARTWRIGHT, 
SAMUEL  MAVERICK. 


A  Letter  from  his  Majesty  Charles  2d,  to  the  Gov- 
ernor and  Council  of  the  Colony  of  Connecti- 
cut, 

Charles  R. 

Trusty  and  well  beloved  wee  greet  you  well, 
^^mo-  according  to  the  resolution  wee  declared 
v^to  Mtt  John  Winthrop,  at  the  time  when  wee  re- 
'n'e^\Td  your  Charter,  now  sent  these  persons  of 
knowne  abilityes  and  affection  to  us,  that  is  to  say 
Coll'n  Richard  Nicolls,  Sir  Robert  Carr  Knt. 
George  Cart.wright  Esqr.,  and  Samuel  Mavericke 
Esqr.,  our  commissioners  to  visitt  those  our  seve- 
rall  Colonies  anffPlantations  in  New  England,  to 
the  end  that  wee  may  be  the  better  informed  of 
the  state  and  wellfare  of  our  good  subjects,  whose 
prosperity  is  very  deare  to  us,  wee  can  make  no 
question,  but  that  they  shall  finde  that  reception 
from  you,  which  may  testify  your  respect  to  us, 


48       A  Letter  to  the  Colony  of  Connecticut, 

from  whome  they  are  sent  for  your  good,  wee 
need  not  tell  you  how  carefull  wee  are  of  your 
liberties  and  priviledges,  whether  Ecclesiasticall  or 
civill,  which  wee  will  not  suffer  to  be  violated  in 
the  least  degree  :  And  that  they  may  not  bee,  is 
the  principall  businesse  of  our  sayd  commission- 
ers, as  hkewise  to  take  care  that  the  bounds  and 
jurisdiction  of  our  severall  Colonies  there  may  be 
clearly  agreed  upon,  that  every  one  may  enjoy e 
what  of  right  belongs  unto  them  without  strife  or 
contention  ;  and  especially  that  the  natives  of  that 
countrey,  who  are  willing  to  live  peaceably  and 
neighbourly  with  our  English  subjects,  may  re- 
ceive such  justice  and  civill  treatment  from  them, 
as  may  make  them  the  more  in  love  with  their 
Religion  and  manners  ;  soe  not  doubting  of  your 
full  compliance  and  submission  to  our  desire,  wee 
bid  you  farewell.  Given  at  our  Court,  at  White 
Hall,  the  23d  day  of  April,  1664,  in  the  16th  year 
of  our  Reigne. 

By  his  Majesties  Command, 

HENRY  BENNITE. 

To  ye  Governour  and  Council!  of  Conec 
in  New  England. 

To  our  trusty  and  well  beloved,  our  Gov 
and  Councill  of  our  Colony  of  Conecticutt,  in 
England. 


*        Commissions,  4^.  49 

The  Commission  of  Col.  Richard  Nicolls,  Sir 
Robert  Carr,  George  Cartright  and  Samuel 
Maverick  J  Esqrs,  from  King  Charles  2d, 

Charles  R. 

Charles  the  second,  by  the  Grace  of  God,  King 
of  England,  Scotland  and  France  and  Ireland,  de- 
fender of  the  faythe  &:c.  to  all  to  whome  these 
presents  shall  come  Greeting — Whereas  we  have 
rec'd  severall  addresses  from  our  subjects  of  sev- 
erall  coloneys  of  New  England,  all  full  of  duty 
and  affection,  and  expressions  of  loyalty  and  alle- 
giance to  us,  with  their  humble  desire  that  we 
would  renew  their  several  charters,  and  receive 
them  into  our  favourable  oppinion  and  protection  ; 
and  severall  of  our  coloneys  there.  And  other 
our  loveing  subjects  have  likewise  complayned, 
differences  and  disputes  arisen  upon  the  Hmitsand 
bounds  of  theire  severall  charters  and  jurisdic- 
tions, whereby  unneighbourly  and  unbrotherly  con- 
tentions have  and  may  arise,  to  the  damage  and 
discreditt  of  the  English  interests ;  and  thatt  all 
our  good  subjects,  residing  there,  and  being  plant- 
ers, is  within  the  severall  coloney's  do  not  enjoy 
the  liberty  and  priviledges  granted  to  them  by  our 
severall  charters  ;  upon  confidence  and  assurance 
of  which,  they  transported  themselves  and  their 
estates  into  those  partes,  and  we  having  received 
some  addresses  from  the  great  men  and  natives  of 
those  countreys,  in  which  they  complayne  of 
breach  of  fayth  and  acts  of  violence  and  injustice, 
which  they  have  been  forced  to  undergoe  from  our 
subjects,  whereby  not  onely  our  government  is 
traduced,  but  the  reputation  and  credit  of  christian 
religion  brought  into  prejudice  and  reproach  with 
the  Gentiles  and  inhabitance  of  those  countreys, 

5 


50  Commissions,  <^c. 

who  know  not  God,  the  reduction  of  whom,  to  the 
true  knowledge  and  feare  of  God,  is  the  most  wor- 
thy and  glorious  end  of  all  those  Plantations,  upon 
all  which  motives,  and  as  an  evidence  and  manifes- 
tation of  our  fatherly  afiection  towards  all  our 
subjects  in  those  severall  coloneys  of  New  Eng- 
land, (that  is  to  say)  of  the  Massachusetts,  Con- 
necticutt.  New  Phmouth,  Road  Island  and  the 
Providence  Plantations,  and  all  other  Plantations 
within  that  tract  of  land,  known  under  the  appela- 
tion  of  New  England,  and  to  the  end  we  may  be 
truely  informed  of  the  state  and  condition  of  our 
good  subjects  there,  that  soe  w^e  may  the  better 
know  how  to  contribute  to  the  farther  improve- 
ment of  their  happynesse  and  prosperity  ;  know 
yee  therefore,  that  we  reposeing  speciall  trust  and 
confidence  in  the  fidelitie,  wisedome  and  circum- 
spection of  or  trusty  and  well  beloved  Colonell 
Richard  Nicolls,  Sir  Robert  Carr,  Knight,  George 
Cartright  Esquire  and  Samuell  Mavericke,  of  or 
special  grace  certayn  knowledge  and  mere  mo- 
tion, have  made,  ordayned,  constituted  and  ap- 
poynted  and  by  these  presents  doe  make,  ordayne, 
constitute  and  appoynt  the  sayd  Colonell  Richard 
Nicolls,  Sir  Robert  Carr,  Knight,  George  Cart- 
wright  and  Samuel  Maverick,  our  commissioners, 
and  doe  hereby  give  and  grant  unto  them,  or  any 
three  or  two  of  them,  or  of  the  survivors  of  them 
(of  whom  we  will  the  sayd  Colonell  Richard 
Nicolls  dureing  his  life  shall  be  allwayes  one)  and 
upon  equall  division  of  opinions  to  have  the  cast- 
ing and  decisive  voyce,  in  our  name  to  vissitt  all 
and  every  the  severall  colonyes  aforesayd  and  all- 
so  all  power  and  authority  to  heare  and  receive 
and  to  examine  and  determine  all  complaynts,  ap- 
peals in  all  causes  and  matters,  as  well  miletary  as 
criminall  and  civill,  and  proceed  in  all  things  for 


Lord  Chancellors  Letter  to  the  Governor,      51 

the  providing  for  and  setleing  the  appeals  and 
equity  of  the  said  countrey,  according  to  their 
good  and  sound  discressions,  and  to  such  instruc- 
tions as  they  or  the  survivours  of  them  have,  or 
shall  from  time  to  time  receive  from  us,  in  that  be- 
halfe,  and  from  time  to  time  as  they  shall  finde  ex- 
pedient, to  certify  us  or  our  privy  councill  of  theire 
actings  or  proceedings,  touching  the  premises  and 
for  the  doeing  thereof  any  other  matter  or  thing 
relating  thereunto,  these  presents  or  the  enrolement 
thereof,  shall  be  unto  them,  and  every  of  them  a 
sufficient  warrant  and  discharge  in  that  behalfe. — 
In  witnesse  whereof  we  have  caused  these  our 
letters  to  be  made  pattents. 

Given  at  our  Court,  at  White  Hall  the  26th  day 
of  Aprill  1664,  and  in  the  sixteenth  year  of  our 
Raigne. 

BARKER. 


The  Lord  Chancellors  Letter  to  the  Governour. 

Good  Mr.  Governour, 

You  remember  that  I  told  you  at  parting,  that 
his  Majesty  would  shortly  send  Commissioners, 
which  his  great  effection  to  his  subjects  there,  hath 
induced  him  to  doe,  that  he  may  receive  a  full  ac- 
count and  information  of  the  true  state  and  condi- 
tion of  his  severall  colonies,  and  thereby  know 
what  further  to  contribute  of  his  grace  and  good- 
nesse,  for  the  encrease  of  your  prosperity.  I 
know  you  will  give  that  reception  and  wellcom  to 
the  Commissioners,  as  is  due  to  the  quality  they 


52     Duke  Hamilton's  Petition  to  the  King,  <^c, 

come  to  you  in,  and  take  sach  order  for  their  de- 
cent accomodation  and  treatment,  whilst  they  stay 
in  your  colony,  as  may  give  a  good  example  to 
the  rest,  which  they  are  likewise  to  vissitt,  in  or- 
der, and  may  manifest  your  duty  and  affection  to 
his  Majesty,  from  whome  they  are  sent.  I  have 
passed  my  word  to  them,  that  they  shall  finde  all 
the  assistance  you  can  give  them,  by  your  civili- 
ties, information  and  advice.  I  wish  all  happi- 
nesse  to  your  colony,  and  am  good  Mr.  Winthrop 
your  affectionate  servant, 

CLARENDON,  C. 
Worcester  House,  28th  April,  1664. 

For  my  good  friend,  the  Governour  of  his  Ma- 
jesties Colony  of  Connecticutt,  in  New  England. 


Oopy  of  William,  Duke  Hamilton's  Petition  to 
the  King,  and  his  Majesties  reference  of  the 
same  to  Col.  Nichols  ^c.  his  Majesties  Com- 
missioners. • 

To  the  Kings  most  Excellent  Majestic — 

The  Humble  Petition  of  William  Duke  Hamil- 
ton, and  Anne  Dutchess  of  Hamilton,  sheweth, 

That  whereas  in  the  eleventh  year  of  the  Reigne 
of  your  Royall  Father  of  ever  blessed  memory, 
the  councill  established  at  Plymouth  in  the  county 
of  Devon,  for  planting,  ordering  and  governing  of 
New  England  in  America  (according  to  the  power 
given  them  in  the  eighteenth  year  of  the  Reigne 
of  the  late  King  James,  by  his  Letters  Pattents, 
bearing  date  the  3d  day  of  November)  did  for  a 


Duke    Hamilton! s  Petition  to  the  King,  ^c.     53 

competent  summ  of  money  and  other  valluable 
considerations,  bargain  and  sell  unto  the  Petition- 
ers Father,  by  the  name  of  James  Marquess  Ham- 
ilton, his  heirs  and  assignees,  all  that  part  and  por- 
tion of  the  main  lands  in  New  England,  lying  and 
beginning  at  the  middle  part  of  the  mouth  of  the 
River  Coverticu*  to  proceed  along  the  sea  coast,  to 
be  accounted  about  60  miles,  and  so  up  to  the  west- 
ward arm  of  the  River  into  the  land  northwest- 
ward till  60  miles  be  finished,  and  so  to  cross 
southwestward  till  60  miles,  all  which  part  and 
portion  of  lands  were  to  be  called  by  the  name  of 
the  county  of  New  Cambridge,  with  severall  oth- 
er lands  and  priviledges,  as  by  the  said  Deed  of 
Feoffment  doth  more  fully  appear,  a  copy  whereof 
is  hereunto  annexed — since  which  time  and  by 
reason  of  the  late  unhappy  warr  severall  persons 
have  possessed  themselves  of  the  best  and  most 
considerable  parts  of  the  said  lands,  without  any 
acknowledgement  of  your  Petitioners  Right. 

Your  Petitioners  therefore  most  humbly  pray, 
that  your  Majestic  will  be  graciously  pleased  to 
recomend  the  premises  to  your  Majesties  Com- 
missioners for  New  England,  and  that  care  may 
be  taken  that  your  Petitioners  may  be  restored  to 
their  just  right,  and  that  nothing  be  don  to  their 
prejudice. 

At  the  Court  at  White  Hall  the  6th  Mav  1664, 
His  Majesty  is  graciously  pleased  to  referr  this 
Petition  to  the  Commissioners  now  imployed  by 
his  Majesty  to  settle  the  affaires  of  New  England, 
who  are  to  examine  the  obligations  thereof,  and 
upon  due  consideration  had,  to  preserve  and  re- 
store to  the  Petitioners  their  just  right  and  inter- 
est, or  otherwise  to  report  their  opinions  to  his 


*  Connecticut. 

5* 


54  Report  concerning  Bounds,  <^, 

Majestie,  who  will  then  declare  his  further  pleas- 
ure for  the  Honnourable  Petitioners  justification. 

HENRY  BENNIT. 


Tlie  Report  or  determination  of  his  Majesties 
Commissioners  concerning  the  Bounds  of  his 
Royal  Highness  the  Duke  of  York^s  Patent  and 
the  Patent  of  the  Colony  of  Connecticut. 

By  vertue  of  his  Majesties  commissien  we  have 
heard  the  differences  about  the  bounds  of  the  pa- 
tents, granted  to  his  Royall  Highnesse  the  Duke 
of  Yorke  and  his  Majesties  Colony  of  Conecti- 
cutt ;  and  haveing  deliberately  considered  all  the 
reasons  alleadged  by  Mr.  Allyn  Senr,  Mr.  Gold, 
Mr.  Richards  and  Captaine  Winthrop,  appoynted 
by  the  Assembly,  held  at  Hartford  the  13th  day 
of  October  1664,  to  accompany  John  Winthrop 
Esqr.,  (the  Governour  of  his  Majesties  Colony  of 
Conecticut,)  to  New  Yorke,  and  by  Mr.  Howell 
and  Captaine  Young  of  Long  Island,  why  the 
sayd  Long  Island  be  under  the  Goverment  of 
Connecticutt,  which  are  to  long  here  to  be  recited, 
wee  doe  declare  and  order,  that  the  southern 
bounds  of  his  Majesties  Colony  of  Conecticutt,  is 
the  sea,  and  that  Long  Island  is  to  under  the  Gov- 
erment of  his  Royall  Highness  the  Duke  of  Yorke, 
as  is  exprest  by  playn  words,  in  the  sayd  patents 
respectively. 

And  also  by  vertue  of  his  Majesties  commission, 
and  by  the  consent  of  both  the  Governours,  and 
the  gentlemen  above  named,  wee  allso  order  and 
declare,  that  the  Creeke  or  River,  called  Momo- 


Report  concerning  Bounds,  ^c,  55 

ronock,  which  is  reputed  to  be  about  twelve  miles 
to  the  east  of  Chester,  and  a  lyne  drawne  from 
the  east  poynt  or  side,  where  the  fresh  water  falls 
into  the  salt,  at  high  water  marke,  north,  north- 
west, to  the  line  of  the  Massachusets,  be  the  wes- 
tern bounds  of  the  sayd  Colony  of  Conecticutt, 
and   all   plantations   lyeing  westwards    of    that 
creeke  and  lyne  so  drawne  to  be  under  his  Royall 
highnese    Goverment,  and  all  plantations  lyeing 
eastward  of  that  creeke  and  lyne,  to  be  under  the 
Goverment   of   Conecticutt.      Given    under  our 
hands  at  Forte  James  in  New  Yorke  on  Manhat- 
ans  Island  this  30th  day  of  November,  1664. 
RICHARD  NICOLLS, 
GEORGE   CARTWRIGHT, 
SAMUELL  MAVERICK. 
December  28th,  1664. 

Wee  under  written,  on  the  behalfe  of  the  Colo- 
ny of  Conecticutt,  have  assented  unto  this  deter- 
mination of  his  Majesties  Commissioners  in  rela- 
tion to  the  bounds  and  Kmits  of  his  Royall  High- 
ness the  Dukes  pattent,  and  the  pattent  of  Conec- 
ticutt—Nov.  30th,  1664. 

John  Winthrop, 
Mathew  Allyn, 
Nathan  Gold, 
Jamks  Richards, 
J.  Winthrop. 


56  Charles  II  Letter  to  the  Colony, 


A  Letter  from  his  Majesty  Charles  2d,  to  the 
Governor  and  Council  of  the  Colony  of  Con- 
necticut, with  the  intelligence  of  the  Declaration 
of  War  against  France. 

Charles  R. 

Trusty  and  well  beloved,  we  greet  you  well  ; 
in  former  letters*  wee  have  directed  you  to  put 
yourselves  in  the  best  way  of  defence  you  could, 
against  the  assaults  of  the  French  and  Dutch,  in 
those  parts,  and  for  the  secureing  the  comeing  of 
all  shippes  hither ;  towards  which  you  may  assure 
yourselves  that  wee  cooperate  from  hence,  with 
our  accustomed  care  for  the  good  of  our  subjects, 
and  because  the  time  offers  itself  more  favourably 
now  then  ever,  of  delivering  yourselves  from  those 
unquiet  neighbours  ;  wee  have  thought  fitt  to  writt 
this  unto  you,  to  authoriz  you  to  apply  yourselves 
with  all  your  force  and  skill,  to  the  reduceing  to 
our  obedience  all  islands  and  plantations,  in  those 
parts  belonging  to  the  French  or  Dutch  nation  ; 
and  especially  that  of  Cannada,  the  effecting  of 
which  we  must  leave  to  your  prudence  and  good 
conduct,  since  it  is  impossible  at  this  distance  to 
instruct  you  therein.  And  that  our  trusty  and 
well  beloved  Sir  Thomas  Temple,  our  Governour 
of  Nova  Scotia,  may  the  better  correspond  with 
you,  and  be  assisting  therein,  wee  have  by  our  let- 
ters required  him  thereunto,  herewith  sending  you 
our  declaration  of  the  warre  against  France  : 
which  you  are  to  publish  in  the  manner  you  shall 
thinke  fitt,  takeing  the  substance  thereof  and  vary- 
ing the  forme  of  it,  according  to  what  hath  been 

*  Never  received,  as  stated  in  a  note  in  the  margin  of  the 
above  letter. 


Commissioners  Letter  to  the  Colony.         57 

used  in  such  cases.     And  soe  we  bid  you  fare- 
well. 

Given  at  our  Court  att  White  Hall,  the  22d  day 
of  February,  in  the  18th  year  of  our  Reigne, 
1665— G. 

By  his  Majesties  Command, 

Arlington. 

To  our  trusty  and  well  beloved,  the  Governour 
and  Councill,  of  our  Colony  of  Connecticut,  in 
New  England. 


A  letter  from  his  Majesties  Commissioners  to  the 
Governor  and  General  Assembly  of  the  Colony 
of  Connecticut,  relative  to  the  claim  of  the  Mar- 
quis of  Hamilton,  ^c. 

Gentlemen — 

We  are  very  sorry  we  could  not  reach  Hartford, 
where  we  intended  to  have  freelv  discoursed  of 
these  things,  which  we  now  make  our  request, 
and  they  are. 

That  we  may  have  something  in  writing,  to  re- 
turn to  the  King  concerning  the  grant  of  sixty 
miles  square,  on  the  eastern  side  of  Connecticut 
river,  &c.  to  James  Marquess  Hamilton,  from 
the  councill  of  Plymouth,  in  Devon,  in  the  year 
1635. 

That  there  may  be  a  place  appointed  betwixt 
the  two  rivers  of  Pawkatuck  and  Mohegan,  for 
those  Pequot  Indians  who  now  Hve  on  the  eastern 
side  of  Pawkatuck  river,  where  they  shall  con- 
tinue till  March  the  1st  1665,  and  that  then,  if  not 


58  Answer  to  the  preceding  Letter. 

before,  they  may  be  removed  to  that  appomted 
place,  and  leave  the  Kings  province  free. 

That  they  may  continue  a  distinct  body  of 
themselves  not  putt  under  other  Sachems,  nor  their 
own,  but  under  an  Indian  Governor,  appointed  by 
the  Court,  at  least  till  the  King's  pleasure  be 
known,  they  haveing  requested  this  of  us,  upon 
good  reasons,  we  mean  the  whole  body  of  the 
Pequot  Indians,  both  Robbins  company  as  well 
as  the  other. 

And  that  you  would  lett  us  know  in  what  par- 
ticulars you  would  have  us  to  be  solicitous  to  his 
Majestic  for  the  advantage  of  your  colony,  and  it 
shall  cordially  be  endeavored  by,  your  assured 
friends. 

ROBERT  CARR, 
GEORGE  CARTWRIGHT, 
SAMUEL  MAVERICK. 
New  London,  March  25th,  1665. 

For  our  honnoured  friend,  the  Governor  and 
General  Assembly  of  his  Majesties  colony  of 
Connecticutt. 


Copy  of  the  answer  of  the  Governor  and  General 
Assemhltj  of  the  Colony  of  Connecticut,  to  the 
Letter  of  his  Majesties  Coimnissioners, 

To  the  honnourable  Sr  Robert  Carr,  Knight, 
George  Cartwright,  Esqr.  and  Samuel  Maverick, 
Esqr.  his  Majesties  Commissioners. 

In  answer  to  Duke  Hamilton's  Petition,  respect- 


Ansioer  to  the  preceding  Letter.  59 

ing  a  grant  of  land  of  sixty  miles  square,  on  the 
east  side  of  the  river  Coverticu. 

1.  We  are  wholly  ignorant  of  any  river  within 
the  extent  of  our  charter,  that  is  known  under 
such  an  appellation,  and  therefore  cannot  concieve 
that  any  part  or  tract  of  land  under  this  Govern- 
ment is  concerned  in  this  demand. 

2.  Yet  upon  supposition  that  it  may  be  con- 
ceved  to  intend  Connecticutt  river,  wee  humbly 
conceive  that  the  originall  pattent  grant  from 
Royall  authority,  to  the  Lord  Say,  and  other  No- 
bles and  Gentlemen  which  we  purchased  at  a 
dear  rate,  is  lately  ratified  and  confirmed  by  our 
gracious  Sovreign,  under  the  broad  Seal  of  England, 
(the  most  absolute  and  unquestionable  security  of 
the  English  subjects)  in  which  grants  the  lands 
forementioned  are  comprized.  The  grant  to  Con- 
necticutt was  precedent  to  that  of  Duke  Hamil- 
ton severall  years,  which  gives  us  to  conclude, 
that  propriety  of  title,  will  be  settled  upon  priority 
of  Grant. 

3.  A  Considerable  tract  of  this  land  which  the 
Duke's  Petition  refers  to,  (if  as  before  supposed, 
it  be  determined  Connecticutt,)  was  possessed  by 
a  people  most  malignantly  spirited  against  his 
Majesties  English  subjects,  and  at  our  first  settle- 
ing  here,  when  we  were  weak  and  few,  they 
grew  very  insolent  against  us,  making  invasion 
upon  us,  murthering  many  of  our  people,  thereby 
necessitating  us  to  a  hazardous  undertakeing,  to 
cast  ourselves  into  the  arms  of  God's  Providence, 
in  endeavoring  to  suppress  those  bloody  heathen, 
and  through  benediction  we  found  a  good  success, 
and  tho  that  wilderness  land  would  not  aflford  any 
considerable  recompence  for  the  loss  of  lives  and 


60  Answer  to  the  preceding  Letter. 

great  expences,  yet  our  peace,  attained  by  that 
conquest,  did  greatly  rejoyce  us. 

4.  We  have  had  peaceable  possession  this  30 
years,  free  from  the  least  claime  of  any  other  that 
ever  we  heard  of,  to  this  day,  which  perswades 
us,  that  if  the  Dukes  Highness  had  ever  reason  by 
vertue  of  his  grant,  to  make  claime,  yet  that  right 
pretended,  is  extinct  in  law  many  years  since. 
His  Majesty  our  Gracious  Sovreign  was  pleased, 
of  his  abundant  favour  and  grace,  to  his  subjects 
of  this  colony,  so  farr  to  declare  his  free  reception 
of  the  reasons  forementioned,  of  our  purchase 
made,  and  conquest  recovered,  and  Hkewise  by  our 
improvement  and  labour  bestowed  upon  these 
lands,  as  to  insert  them  as  motives  to  that  late 
renewal  of  our  charter. 

We  humbly  crave  that  as  it  hath  been  his 
Majesties  Royall  pleasure  to  manifest  his  tender  af- 
fection to,  and  care  of  his  subjects  wellfare  in 
these  his  colonies  of  New  England,  in  sending 
over  his  honnourable  Commissioners  to  compose 
and  issue  those  things  that  might  be  of  ill  conse- 
quence between  the  severall  colonies,  so  likewise 
that  it  be  well  pleasing  to  his  majesty,  that  this 
his  colony  of  Connecticutt  might  be  free  from 
further  trouble  or  inconvenience  by  this  claime 
that  wee  understand  hath  been  presented  by  the 
Marquis  Hamilton. 

And  whereas  your  honnors  are  pleased  so  farr 
to  exercise  your  thoughts  about  the  promotion  of 
the  welfare  of  his  Majesties  subjects  in  this  his 
colony,  as  to  vouchsafe  us  so  favorable  a  tender 
to  be  solicitous  in  our  behalf  to  his  Majesty  our 
gracious  Sovreigne,  in  any  particulars  wherein  we 
may  be  advantaged,  we  crave  your  honnors  as- 
sistance as  followeth. 


Answer  to  the  preceding  Letter,  61 

1.  That  his  Majestie  would  be  graciously- 
pleased  to  silence  the  claim  of  Duke  Hamilton,  if 
any  be  by  him  pretended  or  presented,  to  any 
tract  of  land  lying  or  being  within  the  precincts  of 
our  charter,  (renewed  and  established  to  us  by 
our  Royall  Sovreigne,)  and  possessed  and  im- 
proved by  severall  poor  people,  whose  progress 
in  ther  labours  and  endeavors  for  their  subsistence 
(at  the  best  very  meane)  will  be  impeded  and 
obstructed  through  fear  of  the  event  of  such 
claimes. 

2.  Whereas  this  colony  is  at  a  very  low  ebb  in 
respect  to  traffick,  and  aithoughout  ofa  respect  to 
our  relation  to  the  English  nation,  and  that  we 
might  be  accounted  a  people  under  the  Sovreignty 
and  protection  of  his  Majestie  the  King  of  England, 
we  presumed  to  put  the  name  or  appellation  of 
New  London,  upon  one  of  our  towns,  which  na- 
ture hath  furnished  with  a  safe  and  commodious 
harbour,  though  but  a  poor  people,  and  discapa- 
citated  in  several  respects  to  promote  traffique ; 
w^e  humbly  crave  of  our  gracious  Sovreigne,  that 
he  would  be  pleased  out  of  his  Princely  bounty,  to 
grant  it  to  be  a  place  of  free  trade  for  7,  10,  or 
12  years,  as  his  Royall  heart  shall  encline  to 
conferr,  as  a  boon  upon  his  poor  yett  loyall  sub- 
jects. 

3.  We  request  of  your  honnors, — 1.  that  you 
will  please  to  represent  unto  his  Majesty,  our  alle- 
giance, with  our  ready  acknowledgement  of  his 
princely  grace,  in  the  late  renewall  of  our  charter, 
— 2.  his  more  abundant  grace  in  re-ratifying  our 
priviledges,  both  civill  and  ecclesiastick,  in  his  late 
gracious  letter,  sent  to  us  by  your  honnors, — 3. 
our  ready  compliance  with  his  Majesties  Royall 
will  and  pleasure  therein  expressed, — 4.  our  chris- 
tian moderation  to  men  of  different  perswasions, — 

6 


63  Propositions  by  Commissioners. 

5.  we  humbly  implore  the  continuation  of  the 
shines  of  his  Royali  favour  upon  our  mean  begin- 
nings, that  so  we  may  flourish  under  the  benigne 
aspect  of  our  Lord  the  King. 


Propositions  made  to  the  Governor  and  General 
Court  of  Connecticut,  by  his  Majesties  Com- 
missioners, 

We  were  commanded  principally  to  recom- 
mend these  things  to  you  from  his  Majesty. 

1.  That  all  Householders  inhabiting  this  col- 
ony to  take  the  oath  of  allegiance,  and  that  the 
administration  of  Justice  be  in  his  Majesty's 
name. 

2.  That  all  men  of  competent  estates,  and  of 
civell  conversation,  (though  of  different  judgment,) 
may  be  admitted  to  be  freemen,  and  have  liberty 
to  chuse,  or  be  chosen  officers,  both  Military  and 
civill. 

3.  That  all  persons  of  civill  lives,  may  freely 
enjoy  the  liberty  of  theire  consciences,  and  the 
worship  of  God  in  that  way  which  they  thinke 
best;  provided  that  this  liberty  tend  not  to  the  dis- 
turbance of  the  public,  nor  to  the  hindrance  of  the 
maintenance  of  ministers  regularly  chosen,  in  each 
respective  parish,  or  township. 

4.  That  all  lawes  and  expressions  in  lawes, 
derogatory  to  his  Majesty,  if  any  such  have  been 


Answer  to  Propositions.  63 

made,  in  these  late  troublesome  times  may  be  re- 
pealed, altered  and  taken  off  the  fvle. 

ROBERT  CARR, 
GEORGE  CARTWRIGHT, 
SAMUEL  MAVERICK. 
April  20th,  1665. 


Answej^s  to  the  foregoing  propositions,  hy  the  Gov-' 
ernor  and  General  Assenihly  of  the  Colony  of 
Connecticut. 

In  answer  to  the  foure  propositions,  directed  by 
yor  honors  to  this  Generall  Assembly,  as  his 
Ma'ties  Royall  will  and  pleasure  we  have  here  in 
the  following  lines  sent  a  transcript  of  the  Assem- 
blies answer. 

To  the  first  proposal,  that  all  householders  in- 
habiting this  colony  take  the  oath  of  allegiance, 
and  that  the  administration  of  justice  be  in  his 
Ma'ties  name,  we  returne, 

That  according  to  his  Ma'ties  pleasure  exprest 
in  o'r  charter,  o'r  hono'ble  Governor  formerly 
hath  nominated  and  appointed  meet  persons  to 
administer  the  oath  of  allegiance,  who  have  ac- 
cording to  their  order  administered  the  said  oath 
to  several  persons  already ;  and  the  administra- 
tion of  justice  hath  been,  is,  and  shall  be  in  his 
Ma'ties  name. 

Secondly.  That  all  men  of  competent  estates 
and  of  civill  conversation,  though  of  different  judg- 
ments, may  be  admitted  to  be  freemen,  and  have 
liberty  to  chuse  and  to  be  chosen  officers,  both 
military  and  civill. 


64  Answer  to  Pi^ajjositmis, 

Ans.  Our  order  for  admission  of  Freemen,  is 
consonant  with  that  proposition. 

Thirdly.  That  all  persons  of  civil  lives,  may 
freely  enjoy  the  Hberty  of  their  consciences,  and 
the  worship  of  God,  in  that  way  w'ch  they  think 
best ;  provided  that  this  liberty,  tend  not  to  the 
disturbance  of  the  publique,  nor  ye  hindrance  of 
the  maintenance  of  ministers,  regularly  chosen  in 
each  respective  parish  or  town. 

Ans.  Wee  know  not  of  any  one  that  hathe 
been  troubled  by  vs  for  attending  his  conscience, 
and  it  is  our  care,  that  ye  ministers  of  the  Gospel, 
employed  in  the  Lords  work,  be  duly  main- 
tevned. 

Ffourth.  That  all  lawes,  and  expressions  in 
lawes,  derogatory  to  his  Ma'tie,  if  any  such  have 
bene,  in  these  late  troublesome  times,  may  be  re- 
pealed, altered,  and  taken  of  the  ffile. 

We  returne,  we  know  not  of  any  law  or  ex- 
pressions in  any  law  that  is  derogatory  to  his 
M'tie,  amongst  vs ;  but  if  any  such  be  found,  we 
count  it  our  duty  to  repeale,  alter  it,  and  take  it  of 
the  ffile,  and  this  we  attended,  upon  the  receipt  of 
our  Charter. 


Letter  from  Charles  11.  65 


A  Letter  from  his  Majesty  Charles  2d,  to  the  Gov- 
ernor  and  Council  of  the  Colony  of  Connecti- 
cut, expressing  h^'s  Majesties  satisfaction  of 
their  kind  reception  of  his  Commissioners  by 
the  Governor,  <^c. 

Charles  R. 

Trusty  and  well  beloved  we  greet  you  well, 
haveing  rece'd  soe  full  and  satisfactory  an  account 
from  our  commissioners,  both  of  the  good  recep- 
tion you  have  given  them,  and  allso  of  your  duti- 
fullness  and  obedience  to  us,  wee  cannot  but  let 
you  know  how  much  wee  are  pleased  therewith, 
judging  that  respect  of  yours  towards  our  officers 
to  be  the  true  and  naturall  fruit  which  demon- 
strates what  fidehty  and  affection  towards  us  is 
rooted  in  your  hearts,  and  allthough  your  carriage 
doth  of  itselfe  most  justly  deserve  our  prayse  and 
approbation,  yet  it  seems  to  be  sett  off  with  the 
more  lustre  by  the  contrary  deportment  of  the 
Colony  of  the  Massachusetts,  as  if  by  their  re- 
fractorinesse,  they  had  designed  to  recommend 
and  heighten  the  meritt  of  your  complyance  w4th 
our  directions  for  the  peaceable  and  good  gover- 
ment  of  our  subjects  in  those  parts,  you  may 
therefore  assure  yourselves,  that  wee  never  shall 
be  unmindful  of  this  your  loyall  and  dutifull  be- 
haviour, but  shall  on  all  occasions  take  notice  of  it 
to  your  advantage,  promiseing  you  our  constant 
protection  and  Royall  favour,  in  all  things  that  may 
concerne  your  safety,  peace  and  wellfare  ;  and  so 
wee  bid  you  farewell. 


66  Letter  from  Charles  IL 

Given  at  our  Court  at  White  Hall,  the  10th  day 
of  Aprill,  1666,  in  the  eighteenth  yeare  of  our 
Reigne. 

By  his  Majesties  command, 

WILL  MORICE. 

To  our  Trusty  and  well  beloved,  the  Governour 
and  Councill  of  our  Colony  of  Connecticutt,  in 
Nevsr  England. 


A  Letter  from  his  Majesty  Charles  2d,  recommend- 
ing  a  vigorous  prosecution  of  the  war  with  the 
French  and  Dutch, 

Charles  R. 

Trusty  and  well  beloved  wee  greet  you  well ; 
by  our  letter  of  the  22d  of  February  last,  wee 
gave  you  notice  how  that  the  French  King  have- 
ing  declared  warre  against  us  and  our  subjects, 
wee  have  been  obliged,  in  our  just  defence  to  is- 
sue out  our  declaration  likewise,  a  copy  of  which 
was  therewith  sent  you,  whereby  wee  did  resolve 
to  the  utmost  of  our  power  to  oppose  him  the  sayd 
French  King,  in  this  warre,  so  unjustly  begunn  up- 
on us,  thereby  willing  and  requireing  you,  as  wee 
had  likewise  done  the  rest  of  our  Islands,  Colo- 
neys  and  plantations  in  the  West  Indies,  after  a 
fitt  publication  of  our  sayd  declaration,  forthwith 
to  apply  yourselves  by  all  wayes  and  means  to 
annoy,  infest,  dammage  and  destroye  the  French 
as  well  as  Dutch,  in  those  parts,  and  such  of  their 
Colonyes  and  plantations  as  lye  neare  you,  to  re- 


Letter  from  Charles  11. 


duce  by  the  most  speedy  and  effectuall  wayes  you 
could  to  our  obedience,  and  more  especially,  that 
of  the  French  in  Canada,  in  all  which  wee  en- 
joyned  our  Colony  of  the  Massachusetts  to  joyne 
and  correspond  with  you,  wee  doubt  not  but  you 
have  accordingly  taken  care  for,  and  that  in  due 
time  we  shall  receive  a  good  accompt  of  your 
diligence  and  circumspection  therein.  However, 
wee  have  thought  not  amisse,  out  of  the  perticular 
care  wee  have  for  the  security  and  preservation  of 
those  our  Colonyes  and  plantations,  hereby  to 
quicken  you  in  the  sudden  execution  of  what  you 
shall  finde  fitt  to  resolve  in  that  matter,  that  soe 
the  enemy  takeing  advantage  of  your  remissnesse 
and  delayes,  may  not  prevent  you  in  the  oppertu- 
neties  you  may  have  upon  them,  as  wee  have  rea- 
son to  believe  by  all  meanes  they  will  indeavour 
to  doe ;  and  considering  the  more  imediate  dan- 
gers to  which  the  Barbadoes  and  other  the  Cari- 
bee  Islands  are  exposed  from  the  French,  and  that 
wee  cannot  as  yet  finde  fitt  to  spare  them  those 
supplyes  from  hence,  that  are  necessary,  the  maine 
issue  of  the  warre,  being  in  the  first  place  to  be 
provided  for,  by  a  vigorous  pursuit  of  those  advan- 
tages it  hath  pleased  God  to  give  us  against  the 
body  of  our  enemies  strength  neare  home,  wee 
cannot  but  in  tendernesse  to  the  safety  of  those 
our  islands  and  plantations  very  effectually  re- 
commend it  forthwith  upon  receipt  hereof  to  con- 
sider with  your  neighbour  Colony  Massachusetts, 
to  whome  wee  have  likewise  written,  on  this  oc- 
casion of  som  fitt  number  of  forces,  such  as  you 
can  best  spare,  to  bee  speedily  sent  to  the  reliefe 
and  defence  of  the  sayd  Caribee  Islands,  under 
such  able  and  discreet  commanders  as  you  shall 
finde  fitt  to  choose,  which  as  it  will  bee  seasonable 
argument  of  your  care  and  concernment  for  your 


68  Letter  from  Charles  11. 

fellow  subjects  in  those  islands,  soe  shall  we  con- 
sider it  as  a  singular  expression  of  your  good  affec- 
tion and  loyalty  to  us,  and  shall  not  forget  to  owne 
it  to  you  for  such  hereafter  as  there  shall  be  occa- 
sion— and  soe  wee  bid  you  farewell. 

Given  at  our  Court  at  White  Hall,  the  28th  day 
of  August,  1666. 

By  his  Ma'ties  command, 

ARLINGTON. 

To  our  Trusty  and  well  beloved,  our  Govern- 
our  and  Councill  of  our  Colony  of  Connecticutt,  in 
New  England. 


A  Letter  from  Ms  Majesty  Charles  2d,  to  the 
Governor  and  Council  of  Massachusetts,  coin- 
municating  intelligence  of  the  Declaration  of 
War  against  the  States  General  of  the  United 
Provinces :  to  he  communicated  to  the  other  Col- 
onies, 

Charles  R. 

Trusty  and  well  beloved,  we  greet  you  well, 
having  found  our  self  obliged  for  the  just  vindica- 
tion of  the  antient  and  undoubted  rights  of  our 
Crown,  and  for  reparation  as  well  of  the  many 
affronts  and  indignities  don  to  our  Royal  person 
and  dignity,  as  of  the  frequent  wrongs  and  inju- 
ries don  to  our  subjects,  by  the  States  Generall  of 
the  United  Provinces,  to  declare  warr  against 
them,  wee  have  thought  good  hereby  to  give  you 
knowledge  thereof,  willing  you  forthwith,  upon  re- 


Letter  from  Charles  IL  G9 

ceipt  hereof,  in  the  usuall  manner  to  cause  the 
said  warr  to  be  proclaimed,  within  that  our  Colo- 
ny, according  to  our  declaration,  (copies  of  which 
wee  have  directed  to  be  herewith  sent  you,)   and 
that  at  the  same  time,  you  cause  seizure  to  be  made 
of  all  shipps,  goods  and  merchandizes,  belonging 
to  the  said  States  Generall,  or  their  subjects  :  And 
because  we  have  reason  to  believe  from  the  con- 
stant evill  minde,  they  have  been  always  known  to 
bear  to  our  forreign  Colonies  and  plantations,  and 
haveing  likewise  understood  that  a  considerable 
number  of  private  men  of  warr  are  now  prepare- 
ing  in  Holland  and  Zealand,  to  be  forthwith  sent 
into  the  West  Indias,  to  infest  and  annoy  our  plan- 
tations there,  wee  have    thought  fitt,  out  of  our 
princely  care  and  regard  to  the  safety  of  those  re- 
moate  parts  of  our  dominions,  and  for  the  secure- 
ing  our  good  subjects  inhabiting  there,  or  trading 
thither,  to  recommend  it  to  you,  as  wee  do   by 
these  very  particularly,  forthwith  to  apply  your- 
selves joyntly  to  consider  of  the  condition  thereof, 
and  by  all  the  speediest,  and  most  effectuall  means 
you  can,  early  to  provide  for  its  safety   and  de- 
fence, and  for  the  protection  and  security  of  such 
shipps  and  vessells,  as  shall  be  from  time  to  time 
rideing  in  the  roads  and   harbours  there,  from  the 
assaults  and  attempts  of  the  Dutch,   and   particu- 
larly, wee  think  fitt   for  to  repeat  our  former  or- 
ders to  you,  that  all  such  shipps,  which  shall  come 
thence,  be  enjoyned  to  sail  in  considerable  num- 
bers for  their  common  security,  and  that  then,  and 
ever  dureing  their  stay  there,  it  will  be   fitt  some 
of  the  most   experienced  officers   have    authority 
given  them  to   command   the    rest ;    wee    have 
thought  fitt  hereby  to  authorize  and  impower  you 
to  do  therein,  what  according  to  this  or  any  other 
emergencies  shall  appear  to  you  to  bee  most  for 


70  ~       Letter  from  Chai^les  11. 

the  safety  of  our  Colony,  and  navigation  of  our 
merchants,  and  further,  that  in  all  other  matters 
relating  to  the  jurisdiction  of  our  most  dear  broth- 
er the  Duke  of  York,  our  high  Admirall  &c.,  you 
observe  such  orders  and  directions,  as  you  shall 
from  time  to  time  receive  from  him,  whom  wee 
have  commissioned  to  grant  Letters  of  Marque, 
and  generall  reprisals  against  the  shipps,  goods 
and  subjects  of  the  States  of  the  United  Provin- 
ces, conformable  to  which  our  will  and  pleasure 
is,  that  you  take  and  seize  the  shipps,  vessells  and 
goods,  belonging  to  the  said  States,  or  any  their 
subjects  or  inhabitants  within  any  their  territories, 
and  to  bring  the  same  to  judgement  and  condem- 
nation according  to  the  course  of  admiralty  and 
laws  of  nations,  and  these  our  Letters  that  you 
communicate  to  the  rest  of  our  Colonies  your 
neighbours  ;  our  pleasure  being,  that  with  all  care, 
and  application  possible,  they  arm  themselves 
against  the  dangers  which  threaten  them  in  this 
conjuncture  from  such  an  enemy,  and  proceed  ac- 
cording to  these  our  directions,  and  such  as  they 
shall  receive  from  our  said  dear  brother,  assureing 
them  and  all  loveing  subjects  in  those  parts,  that 
we  shall  not  be  wanting  on  our  part,  on  all  occa- 
sions to  help  and  succour  them,  to  the  utmost  of 
our  power,  and  to  contribute  all  possible  means  for 
the  security  and  improvement  of  the  trade  and 
commerce.     And  so  we  bid  you  farewell. 

Given  at  our  Court  at  White  Hall,  the  third  day 
of  Aprill,  in  the  twenty-fourth  year  of  our  Reigne. 
By  his  Majesties  command, 

HILINGTON. 

These  for  our  trusty  and  well  beloved,  the  Gov- 
ernour  and  Councill,  for  our  Colony  of  the  Mas- 
sachusetts ;  to  be  communicated  to  the  other  Col- 
onyes. 


Articles  of  Confederation.  71 


Articles  of  Confederation  between  ye  Plantations 
under  the  Government  of  the  Massachusetts,  ye 
Plantation  under  the  Govr'jnent  of  New  Plim- 
oth,  and  ye  Plantations  under  the  Goverment  of 
Connecticott. 

Whereas  wee  all  came  into  these  parts  of  Amer- 
ica, with  one  and  ye  same  end  and  aime,  viz.  to 
advance  jq  kingdome  of  our  Lord  Jesus  Christ, 
and  to  enjoy  ye  liberties  of  ye  Gospell  in  purity 
wth  peace,  and  whereas  in  our  settling  by  a  wise 
Providence  of  God,  wee  are  further  dispersed  up- 
on ye  sea  costs  and  rivers  yn  was  first  intended, 
so  yt  w^ee  cannot  according  to  our  desire  wth  con- 
venience comunicate  in  our  government  and  ju- 
risdiction ;  and  w^hereas  we  are  compassed  with 
people  of  severall  nations  and  strange  languages, 
which  here  often  may  prove  injurious  to  us  and 
our  posterity,  and  for  so  much  as  the  natives  have 
formerly  comitted  sundry  insolences  and  outrages 
upon  severall  plantations  of  ye  English,  and  have 
severall  times  combined  themselves  ag'st  us,  and 
seeing  by  reason  of  our  distance  from  England 
(our  dear  native  country,)  w  ee  are  hindered  both 
from  that  humble  way  of  seeking  advise  and  reap- 
ing those  comfortable  fruits  of  protection  which 
wee  might  otherwise  well  expect.  Wee  therefore 
do  account  it  our  duty  as  well  as  safety,  to  enter 
into  a  confederation  for  mutuall  help  and  succor 
in  all  our  future  concernments,  that  as  in  nation 
and  religion,  so  in  other  respects  wee  bee  and  con-' 
tinue  one  according  to  ye  tenure  and  true  mean- 
ing of  ye  ensuemg  articles. 

1.  Wherefore  it  is  agreed  and  concluded  by  and 
between  ye  parties  or  jurisdictions  above  named, 
and  they  doe  jointly  and  severally  by  these   pres- 


72  Articles  of  Confederation. 

ents  agree  and  conclude,  that  they  all  bee  and 
hencefurth  be  called  by  the  name  of  the  United 
Colonies  of  New  England. 

2.  The  said  United  Colonies  for  themselves  and 
their  posterities  doe  joyntly  and  severally  hereby 
enter  into  a  firme  and  perpetuall  league  of  friend- 
ship and  amity,  mutuall  advise  and  succor  upon 
all  just  occasions,  both  for  preserving  and  propo- 
gating  the  truth  and  liberties  of  the  Gospell,  and 
for  theire  own  mutuall  safety  and  wellfare  ;  provi- 
ded notwithstanding,  that  the  power  of  determin- 
ation of  an  offensive  warr  properly  so  called  (so 
as  to  engage  the  Colonies  therein)  shall  be  in  the 
severall  Generall  Courts  of  the  aforementioned 
confederation. 

3.  It  is  agreed  if  the  plantations  which  at  pres- 
ent are  or  hereafter  shall  be  settled  within  ye  lim- 
its of  ye  Massachusetts,  shall  be  forever  under  ye 
Goverment  of  ye  Massachusetts,  and  have  pecul- 
iar jurisdiction  among  themselves  as  an  entire 
body,  and  yt  Plimoth  and  Connecticott  each  of 
them  in  all  respects  have  the  like  peculiar  jurisdic- 
tion and  goverment  within  their  limits,  according 
to  their  respective  Letters  Pattents  from  his  Ma'tie 
provided  if  no  other  jurisdiction  shall  hereafter  be 
taken  in  as  a  distinct  head  or  member  of  the  con- 
federation, nor  shall  any  other  plantation  or  juris- 
diction in  present  being,  and  not  already  in  com- 
bination or  under  ye  jurisdiction  of  any  of  those 
confederates  joyned  in  one  jurisdiction  without  ye 
consent  of  ye  severall  General  Courts  of  the 
above  named  confederates. 

4.  It  is  allso  agreed  yt  for  the  manageing  and 
concluding  of  all  afi'aires  proper  to,  and  concern- 
ing ye  whole  confederation,  (not  excepted  ag'st  in 
these  articles)  two  comisioners  shall  be  chosen  by 
and  out  of  each  of  these  three  jurisdictions,  viz. 


Articles  of  Confederation^  73 

two  for  ye  Massachusetts,  two  for  Plimoth,  and 
two  for  Coiinecticott,  being  all  in  church  fellow- 
ship with  us  who  shall  bring  full  power  from  their 
Generall  Courts  to  heare,  examine  and  weigh  and 
determine  the  same  ;  but  if  those  six  comissioners 
when  mett  shall  not  all  agree,  yt  is  concluded  that 
any  five  of  ye  six  agreeing  shall  have  power  to 
determine  ye  case  in  controversy  ;  but  if  five  doe 
not  agree,  that  then  such  propositions  with  theire 
reasons  so  far  as  they  have  been  debated,  be  sent 
and  reserved  to  ye  severall  Generall  Courts,  and 
if  by  all  ye  said  Courts  there  be  a  concurrance  in 
the  matter  so  referred,  then  to  be  accordingly  pros- 
ecuted by  all  ye  confederates,  and  all  their  mem- 
bers. 

5.  It  is  farther  agreed  that  the  comissioners  for 
ye  United  Colonies  shall  meete  but  once  in  three 
years,  except  in  cases  extraordinary,  which  meet- 
ings shall  ever  be  on  ye  first  Thirsday  in  Septem- 
ber, and  yt  ye  next  meeting  after  the  date  of  these 
presents,  shall  be  at  Plimouth  which  shall  be  ac- 
counted the  first  meeting,  the  second  at  Boston, 
ye  third  at  Hartford,  yQ  fourth  at  Boston,  ye  fifth 
at  Hartford,  and  so  the  meeting  will  be  but  once  in 
fifteen  years  at  Plimouth,  and  double  so  often  in 
the  other  Colonies,  if  the  mean  time  some  middle 
place  be  not  found  out  and  agreed  on  which  may 
be  comodious  for  all. 

6.  It  is  further  agreed,  that  at  each  meeting  of 
these  six  comissioners,  whether  ordinary  or  extri- 
ordinary,  they  may  chuse  their  President  out  of 
themselves,  whose  office  and  work  shall  be  to  take 
care  and  direct  for  order  and  comely  carrying  of 
all  proceedings  in  the  present  meeting,  but  he  shall 
be  invested  with  no  such  power,  by  which  he  may 
hind'r  the  propounding  or  progresse  of  any  busi- 

7 


74  Articles  of  Confederation, 

ness,  or  any  wise  cast  the  scales  otherwise  then  in 
the  present  articles  is  agreed. 

7.  It  is  also  agreed  yt  the  comissioners  for  this 
confederation  hereafter  at  their  meetings,  whether 
ordinary  or  extraordinary,  as  they  may  have  com- 
ission  or  opportunity,  may  consult  off  and  propose 
to  the  severall  Generall  Courts  to  be  by  them  al- 
lowed, and  estabhshed,  such  orders  in  generall  ca- 
ses of  a  civill  nature  wherein  all  the  plantations 
are  interested,  for  preserving  peace  among  them- 
selves, and  preventing,  (as  much  as  may  be)  all 
occasions  of  warr  and  differences  with  others,  as 
about  the  free  and  speedy  passage  of  justice  in 
each  jurisdiction,  to  all  the  confederates  equally, 
as  to  their  own,  receiving  those  that  remove  from 
one  plantation  to  another,  how  all  the  jurisdictions 
may  carry  it  towards  the  Indians  that  they  neither 
grow  insolent,  nor  be  injured  without  due  satisfac- 
tion, lest  warr  break  in  upon  the  confederates 
through  such  miscarriage  :  It  is  also  agreed,  that 
if  any  servant  run  away  from  his  master  into  any 
other  of  these  confederated  jurisdictions,  that  in 
such  case  upon  ye  certificate  of  one  Magistrate  in 
the  jurisdiction  out  of  which  ye  said  servant  fied, 
or  upon  other  due  proofe,  the  said  servant  shall  be 
delivered  either  to  his  master  or  any  other  that 
pursues  and  brings  such  certificate  or  proofe  ;  and 
yt  upon  the  escape  of  any  prisoner  whatsoever, 
or  fugitive,  for  any  criminall  case,  whether  break- 
ing prison  or  getting  from  ye  officer,  or  otherwise 
escaping,  upon  ye  certificate  of  one  Magistrate  of 
ye  jurisdiction  out  of  w'ch  the  escape  is  made, 
that  he  was  a  prisoner  or  such  an  offender  at  the 
time  of  ye  escape,  the  Magistrates  or  some  of 
them  of  yt  jurisdiction  where  for  ye  present  t[ie 
said  prisoner  or  fugitive  abideth,  shall  forthwith 
grant  such  a  warrant  as  the  case  will  bear,  for  the 


Ai^ticles  of  Confederation.  75 

apprehending  any  such  person,  and  the  delivering 
of  him  or  her  into  ye  hand  of  ye  pursuer,  and  if 
help  be  required,  it  shall  be  granted,  he  paying 
charges  yr  of. 

8.  It  is  further  agreed,  that  for  the  disposeing  of 
the  Indian  stock  for  the  future,  the  chiefe  of  the 
comissioners  in  the  severall  Colonies  being  annu- 
ally as  formerly,  the  comissioners  of  ye  Massa- 
chusetts with  such  others  shal  be  present,  or  any 
three  of  the  comissioners  yearly  at  Boston  or  else- 
where as  they  shall  agree,  and  at  the  usuall  time, 
they  may  doe  any  act  for  the  managing  and  order- 
ing of  yt  affaire  as  though  all  the  comissioners 
were  present,  and  what  they  shall  doe  herein,  they 
shall  keep  a  true  record  thereof,  and  transmitt  the 
account  of  ye  same  from  time  to  time,  to  the  tri- 
emiial  meeting  of  ye  comissioners. 

9.  It  is  also  by  these  confederates  agreed,  that 
the  charge  of  all  just  warrs,  whether  offensive  or 
defensive,  upon  what  part  or  member  of  this  con- 
federation soever  they  fall,  shall  both  in  men,  pro- 
visions and  all  other  disbursments,  be  borne  by  all 
the  partys  of  the  confederation,  in  different  pro- 
portions, according  to  their  different  abilities,  that 
the  rule  for  propoi  tioning  men  and  raising  of  mon- 
eys for  the  defraying  of  such  charges  as  may  from 
time  to  time  arise  upon  any  warr,  defensive  or  of- 
fensive, begun  and  carryed  on  according  to  the  ar- 
ticles of  confederation,  shall  as  followeth  : — The 
Massachusetts  one  hundred,  Plymouth  thirty,  Con- 
necticot  sixty,  this  rule  to  continue  for  fiveteen 
years  next  coming,  after  ye  begining  of  ye  meet- 
ing of  the  comissioners,  to  be  held  at  Plimouth  in 
September  next ;  and  then  if  any  one  or  more  of 
ye  confederates  shall  apprehend  ye  above  said  pro- 
portion to  be  unequall,  ye  matter  shal  be  again 
considered  by  ye  comissioners,  and  w't  they  shall 


76  Articles  of  Confederation. 

agree  upon,  shall  be  presented  to  the  severall 
Generall  Courts  for  their  acceptance  and  confir- 
mation, (each  jurisdiction  or  plantation  being  left 
to  their  own  just  course  and  custome  of  rateing 
themselves  and  people,)  and  that  accr.  to  ye  dif- 
ferent charge  of  each  jurisdiction  and  plantation 
ye  whole  advantage  of  the  warr,  (if  it  please  God 
to  bless  their  endeavours,)  whether  it  be  in  lands, 
goods,  or  persons,  shall  be  proportionally  divided 
among  the  said  confederates. 

10.  It  is  further  agreed,  yt  if  any  of  these  juris- 
dictions, or  any  plantation  under  them  be  invaded 
by  any  enemy  whomsoever,  upon  any  notice  or 
request  of  any  three  Magistrates  of  yt  jurisdiction 
so  invaded,  ye  rest  of  ye  confederates  without 
any  further  meetin  or  expostulation,  shall  forth- 
with send  aide  to  the  confederate  in  danger ;  but 
in  different  proportions,  viz  :  ye  Massachusets  one 
hundred  men  sufficiently  armed  and  provided  for 
such  a  service  and  expedition ;  Plimouth  thirty 
men  so  armed  and  provided ;  and  Connecticott 
sixty  men  so  armed  and  provided,  or  any  lesse 
number,  if  lesse  be  required,  accr.  to  this  propor- 
tion :  but  if  such  confederate  in  danger  may  be 
supplied  by  the  next  confederate,  not  exceeding 
ye  number  hereby  agreed,  they  may  crave  help 
there,  and  seek  no  further  for  the  present,  the 
charge  to  be  borne  by  the  severall  Colonyes,  accr. 
to  their  proportions  abovesaid  ;  and  at  theire  re- 
turne  to  be  victualled  and  supplyed  w'th  powder 
and  shott  (if  there  be  need)  for  their  journey  yt 
jurisdiction  yt  imployed  or  sent  for  them,  but  in 
any  such  case  of  sending  men  for  present  aide 
whether  before  or  after  such  order  or  alteration,  it 
is  agreed  yt  at  ye  meeting  of  ye  comissioners  for 
this  consideration,  ye  cause  of  such  warr  or  inva- 
sion be  duly  considered,  and  if  it  appear  yt  ye 


Articles  of  Confederotion,  77 

fault  lay  in  ye  party  so  invaded,  yt  then  yt  juris- 
diction or  plantation  make  just  satisfaction  both  to 
ye  invaders  whome  they  have  injured,  and  beare 
all  ye  charges  of  the  warr  themselves,  w^ithout  re- 
quiring any  allowance  from  ye  rest  of  the  confed- 
erates towards  the  same. 

11.  And  for  yt  ye  justest  war  may  be  of  dan- 
gerous consequence,  especially  to  the  smaller  plan- 
tations in  these  United  Colonies :  it  is  agreed  yt 
nether  ye  Massachusets,  Plimouth,  nor  Connecti- 
cott,  nor  any  of  ye  members  of  any  of  them,  shall 
at  any  tyme  hereafter  begin,  undertake  or  ingage 
themselves,  or  this  confederation  in  any  war 
w'soever  (suddain  exigencies  w'th  the  necessary 
consequences  thereof  excepted,  which  are  also  to 
be  moderated  as  much  as  the  case  will  permitt.) 
without  ye  consent  of  ye  severall  Generall  Courts 
of  ye  United  Colonyes. 

12.  It  is  also  agreed,  yt  in  case  of  any  suddain 
exigences,  or  other  weighty  occasion,  requiring  ye 
meeting  of  the  comissioners  before  the  ordinary 
tyme,  the  Governor  or  any  three  Magistrates  of 
any  the  confederate  jurisdictions,  may  sumon  a 
meeting  of  ye  comissioners,  briefly  signifying  ye 
occasion  thereof,  and  ye  time  and  place  of  ye 
meeting,  which  shall  be  accordingly  attended  by 
ye  comissioners  of  all  ye  confederate  jurisdiction  ; 
and  when  met,  they  may  adjourne  to  any  other 
tyme  or  place  as  they  shall  see  meet. 

13.  It  is  also  agreed,  for  ye  settling  of  vaga- 
bonds and  wandering  persons,  removing  from  one 
Colony  to  another,  to  ye  dissatisfaction  and  bur- 
then of  the  places,  where  they  come,  as  dayly 
experience  sheweth  us  ;  for  ye  future  it  is  order- 
ed, yt  where  any  person  or  persons  shal  be  found 
in  any  jurisdiction  to  have  had  there  abode  for 
more  yn  three  months,  and  not  warned  out  by  ye 

7* 


78  Articles  of  Confederation, 

authority  of  ye  place,  and  in  case  of  ye  neglect 
of  any  person  so  warned,  as  above'sd  to  depart, 
if  he  be  not  by  ye  first  opportunity  yt  the  season 
will  permitt,  sent  away  from  constable  to  consta- 
ble, to  ye  end  he  may  be  returned  to  ye  place  of 
his  former  abode  ;  every  such  person  or  persons, 
shall  be  accounted  an  inhabitant  where  they  are 
so  found,  and  by  them  governed  and  provided  for, 
as  their  condition  may  require  ;  and  in  all  such 
cases  the  charges  of  the  constables  to  be  borne 
by  the  Treasurer,  where  such  constables  do  dwell. 

14.  It  is  agreed,  yt  if  any  of  ye  constables  shall 
hereafter  break  any  of  these  present  articles,  or 
be  any  other  way  injurious  to  any  of  ye  confede- 
rate jurisdictions,  such  breach  of  agreement  or  in- 
jury, shal  be  duly  considered  ordered  by  ye  com- 
issioners  for  ye  other  jurisdictions,  yt  both  peace 
and  this  present  confederation  may  be  preserved 
wth'out  violation. 

15.  Ffinally,  whereas  in  ye  former  articles 
agreed  upon  May  29,  1643,  for  the  confederation 
of  the  United  Colonies  above  named,  New  Haven 
is  therein  mentioned,  and  was  owned  as  a  distinct 
confederate,  and  is  by  these  included  and  consid- 
ered as  one  with  Connecticott ;  ye  above'sd  union 
shal  be  always  interpreted  as  by  their  own  con- 
cession and  not  otherwise. 

Now  whereas  for  many  years  past,  upon  divers 
good  considerations,  there  was  a  confederation 
agreed  upon,  by  ye  antient  English  Colonies,  un- 
der his  Ma'ties  authority  in  New  England  for  mu- 
tuall  help,  and  defence,  as  also  for  ye  better  main- 
teyning  his  Ma'ties  interest  ag'st  any  opposition 
or  intrusion  of  the  barbarous  natives  and  others, 
as  appeareth  by  articles  that  were  agreed  upon,  in 
ye  year  1643,  and  upon  record  to  be  seen ;  where- 
by ye  said  Colony es  have  been  so  united,  as  hath 


Articles  of  Confederation.  79 

proved  very  beneficiall  to  all  his  Majesties  sub- 
jects in  these  parts,  for  their  peace  and  security  ; 
and  whereas  the  severall  Generall  Courts  of  ve 
said  Colonyes,  have  seen  cause  to  renew  the  said 
confederation  with  some  necessary  alterations  and 
addition  to  ye  s'd  articles,  as  is  more  fully  exprest 
in  ye  articles  above  written  :  and  also  whereas  ye 
Generall  Court  for  ye  Massachusetts  Colony  by 
their  comission,  dated  in  Boston  Aug'st  30,  1672, 
have  nominated  Thomas  Danforth  Esqr.,  and 
Majr.  William  Hathhorne  Esqr.  their  comissioners, 
investing  them  with  full  power  and  authority  to 
signe,  ratifie  and  confirme  ye  above  recited  arti- 
cles of  confederation  ;  and  in  like  manner  ye 
Generall  Court  held  at  Plimouth  June  5,  1672, 
have  nominated  Thomas  Prence  Esqr.,  and  Majr. 
Josiah  Winslow  Esqr.,  investing  them  with  like 
power,  and  ye  Generall  Court  of  Connecticott 
Colony,  held  at  Hartford,  May  9,  and  June  26, 
1672,  have  in  Hke  manner  nominated  John  Win- 
throp  Esqr.,  and  James  Richards  Esqr.,  investing 
them  with  like  power,  the  above'sd  comissioners 
being  assembled  at  Phmouth,  Sept.  5,  1672,  have 
read  and  examined  these  above  written  articles  ; 
doe  accr.  to  their  s'd  comission,  and  by  virtue 
thereof,  clearly  and  absolutely  ratifie  and  confirme 
the  same  for  the  re-establishing  of  a  perpetuall 
confederation  between  the  above  named  Colo- 
nyes, as  was  ye  declared  intention  of  the  former 
articles :  in  confirmation  whereof  the  comission- 
ers above  named,  by  the  authority  granted  them 
from  their  severall  Generall  Courts,  and  in  their 


80  Establishing  a  Post,  ^c. 

name  and  stead,  have  hereunto  subscribed  their 

hands,  in  Plimouth. 

THOMAS  DANFORTH, 
WM.  HATHORNE, 
THO.  PRENCE, 
JOSIAH  WINSLOW, 
JOHN  WINTHROP, 
JAMES  RICHARDS. 
September  5,  1672. 


A  general  Court  held  at  Hartford,  October  8, 1674. 

This  Court  being  made  sensible  of  the  great 
damage  that  might  accrue  to  the  publique,  by  a 
hberty  or  boldness  which  some  persons  may  take^ 
to  themselves  (when  employed  by  order  of  author- 
ity for  the  conveyance  of  letters,  post  and  other 
important  occasions  of  this  colony)  by  profuse  and 
extravigent  spending  at  the  ordinaries  and  other 
places  on  the  road  upon  the  countryes  account, 
and  also  by  great  delayes  on  journeys,  very  pre- 
judiciall  to  the  colony,  which  willing  to  prevent, 
doe  therefore  order  that  the  allowance  for  those 
persons  (who  shall  be  employed  on  such  services) 
for  their  wages  and  expences  of  themselves  and 
horses,  shall  be  as  followeth,  from  the  first  of  May 
to  the  middle  of  October : — 

From  Rye  to  Hartford,  the  horse  hyer  twelve 
shilHngs,  the  man  and  expences,  twenty,  all,  is  one 
pownd  twelve  shillings. 

From  Greenwich  to  Hartford,  the  horse  hyer 
ten  shilUngs  sixpence,  the  man  and  expences  sev- 


Establishing  a  Post,  <^c.  81 

enteen  shillings,  all,  one  pound  seven  shillings  and 
sixpence. 

From  Standford  to  Hartford,  the  horse  hyer 
ten  shillings,  the  man  and  expences,  sixteen  shil- 
lings, alt)  is  one  povvnd  seven  shillings. 

From  Norwalk  to  Hartford,  the  horse  hyer  nine 
shillings,  the  man  and  expences  fifteen,  all,  is  one 
pownd  fower  shillings. 

From  Fayrefield  to  Hartford,  the  horse  hyer 
eight  shillings,  the  man  and  expences,  thirteen 
shillings  sixpence,  all,  is  one  pownd  one  shilhng 
and  sixpence. 

From  Stratford  to  Hartford,  the  horse  hyer 
seven  shillings,  the  man  and  expences  tvs^elve  shil- 
lings, al,  is  nineteen  shillings. 

From  Milford  to  Hartford,  horse  hyer  six  shil- 
lings, the  man  and  expences,  ten  shillings,  all,  is 
sixteen  shillings. 

From  New  Haven  to  Hartford,  the  horse  hyer 
five  shillings,  the  man  and  expences  eight  shillings 
sixpence,  all,  is  thirteen  shillings  sixpence. 

From  Wallingford  to  Hartford,  the  horse  hyer 
fower  shillings,  the  man  and  expences  six  shillings, 
all,  is  ten  shillings. 

From  Branford  to  Hartford,  the  horse  hyer  five 
shillings,  the  man  and  expences,  eight  shillings,  all, 
is  thirteen  shillings. 

From  Guilford  to  Hartford,  the  horse  hyer  five 
shillings,  the  man  and  expences  eight  shilhngs,  all, 
is  thirteen  shillings. 

From  Kenil worth  to  Hartford,  the  horse  hyer 
five  shilhngs,  the  man  and  expences  eight  shillings 
sixpence,  all,  is  thirteen  and  sixpence. 

From  Saybrook  to  Hartford,  the  horse  hyer  five 
shilhngs,  the  man  and  expences  eight  shillings  six- 
pence, all,  is  thirteen  shillings  and  sixpence. 

From  Lyme  to  Hartford,  the  horse  hyer  five 


82  Establishing  a  Post,  <^c. 

shillings,  the  man  and  expences  eight  shilhngs  six- 
pence, all,  is  thirteen  shillings  sixpence. 

From  New  London  to  Hartford,  the  horse  hver 
eight  shillings,  the  man  and  expences  eleven  shil- 
lino^s,  all,  is  nineteen  shillinsfs. 

From  Stoneington  to  Hartford,  the  horse  hyer 
nine  shillings,  the  man  and  expences  thirteen  shil- 
lings sixpence,  all,  is  one  pownd  two  shillings 
sixpence. 

From  Norwich  to  Hartford,  the  horse  hyer  six 
shillings,  the  man  and  expences  eight  shillings,  all, 
is  fourteen  shillings. 

From  Haddum  to  Hartford,  the  horse  hyer 
fower  shillings,  the  man  and  expences  six  shillings, 
all,  is  ten  shillings. 

From  Middletown  to  Hartford,  the  horse  hyer 
two  shillings,  the  man  and  expences  fower  and 
sixpence,  all,  is  six  shillings  sixpence. 

From  Wethersfield  to  Hartford,  the  horse  hver 
sixpence,  the  man  and  expences  one  shilling,  all, 
is  one  shilling  sixpence. 

From  Windsor  to  Hartford,  the  horse  hyer  one 
shilling,  the  man  and  expences  one  shilling  six- 
pence, all,  is  two  shillings  sixpence. 

From  Farmington  to  Hartford,  the  horse  hyer 
one  shilling  sixpence,  the  man  and  expences  two 
shillings  sixpence,  all,  is  fower  shillings. 

From  Simsbury  to  Hartford,  the  horse  hyer  one 
shilling  sixpence,  the  man  and  expences  two  shil- 
lings sixpence,  all,  is  fower  shillings. 

From  Windsor  to  Springfield,  the  horse  hyer 
three  shillings,  the  man  and  expences  fower  shil- 
lings sixpence,  all,  is  seven  shillings  sixpence. 

And  from  the  middle  of  October  to  the  last  of 
April,  to  be  eight  pence  more  than  the  above  for 
every  night  they  lye  out,  for  oates  to  the  horses, 
wherein  great  care  is  to  be  had  by  the  ordinary 


Preparations  to  oppose  an  Invasion.        83 

keepers,  that  hyered  horses  are  not   deprived  of 
their  allowance. 

Alsoe  the  difference  in  the  above  said  sumes,  is 
to  be  the  stated  wages  from  towne  to  towne,  if 
they  goe  not  to  Hartford,  and  the  like  proportion 
by  the  mile,  to  those  whoe  shall  be  imployed  in 
this  colony  where  their  wages  is  not  stated. 

It  is  further  ordered,  that  all  Posts,  their  Ferridg 
shall  be  on  the  country  account,  and  that  the  ordin- 
ary keepers  in  the  plantations  shall  provide  suit- 
able accommodations  for  men  and  horses,  whose 
allow^ance  for  the  men  by  the  meale,  shall  be  six- 
pence, and  for  the  horse  at  grass,  fower  pence  a 
night,  and  oates,  fower  pence  the  half  peck,  and 
for  hay  the  night,  fower  pence. 

It  is  alsoe  ordered,  that  whosoever  upon  these 
tearms  shall  unnecessarily  stop,  or  detayne  his 
journey,  forth  or  back,  or  shall  be  necessarily 
stopped  or  detayned  by  authority  or  other  just 
occasion,  such  person  or  persons  shall  have  pen- 
alty, or  receive  recompence  extraordinarily,  as 
the  authority  who  sent  them  shall  judg  right  to  be 
abated  or  augmented  in  his  wages. 


At  a  session  of  the  Genii  Coui^t,  held  at  Hartford, 
by  the  Governors  speciaU  order,  August  7, 
1673. 

Whereas,  there  is  at  present  a  great  appearance 
of  danger  towards  this  colony,  by  the  approach  of 
the  Dutch,  for  our  own  safety  and  defence,  till  the 
Gen'Il  Court  in  October  next,  it  is  now  ordered  by 
this  Court  that  the  Committee  hereafter  named, 


84        Preparations  to  oppose  an  Invasion. 

viz : — the  Governor  and  assistants,  Capt.  Benj. 
Newbery,  Mr.  Giles  Hamlin,  Mr.  William  Wads- 
worth,  Capt.  Wm.  Curtice,  Lieut.  Wm.  Fowler, 
Lieut.  Tho.  Munson,  are  hereby  empowered  to 
act  as  the  Grand  Committee  of  this  colony,  in  es- 
tablishing and  commissionating  of  military  officers, 
in  pressing  of  men,  horses,  ships,  barques  or  other 
vessells,  armes,  ammunition,  provision,  carriages 
or  whatever  they  judg  needful  for  o'r  defence, 
and  to  manage,  order,  and  dispose  of  the  militia 
of  the  colony  in  the  best  way  and  maner  they 
can  for  o'r  safety.  The  Governor,  or  in  his  ab- 
sence,  the  Dept.  Governor  are  hereby  impowered 
by  their  sumons  to  convene  the  said  Committee, 
who  being  assembled,  the  said  Committee,  or  the 
major  part  of  them  assembled,  are  informed  as 
afoarsayd.  It  is  ordered  by  this  Court,  that  the 
severall  and  respective  troops  in  this  colony,  with 
five  hundred  dragoones  be  prepared  and  fitted  for 
service  forthwith,  and  that  all  the  traine  bands  in 
the  severall  plantations,  with  their  arms  and  am- 
munition be  ready  for  service,  and  the  military 
officers  of  the  severall  companies,  to  see  their 
companies  completed  as  afoarsayd,  upon  the  sev- 
erall penalties  exprest  in  the  military  lawes,  the 
dragoones  are  to  be  raysed  upon  the  countys  as 
followeth :  of  Hartford  county,  one  hundred  and 
sixty ;  of  New  Haven  county,  one  hundred  and 
twenty;  of  Fayrefield,  one  hundred  and  twenty ; 
of  New  London,  one  hundred. 

It  is  allso  ordered  by  this  Court,  that  in  case  of 
the  approach  of  an  enemy  in  any  towne  within 
this  colony,  the  Governer  or  Dept.  Governer  and 
Grand  Committee,  appoynted  by  the  Court,  so 
many  of  them  as  are  present,  before  they  departe, 
shall  appoynt  such  sufficient  ayde,  to  defend  any 
place  as  shall  be  assaulted,  with  such  ayde  as  they 


Preparations  to  oppose  an  Invasion,        S5 

thinke  fitt,  which  is  to  be  in  readiness  at  an 
howers  warning,  for  a  march  upon  the  call  of  the 
chief  officer  of  any  county. 

In  case  any  forces  should  be  sent  out  of  the 
county  of  Hartford  for  the  relief  of  another  county, 
this  Court  appoynts  Benjamen  Newbery,  Capt. ; 
Nicholas  Olmstead,  Lvt. ;  John  Wadsworth,  En- 
signe. 

For  the  county  of  New  London  and  such  forces 
as  shall  be  called  out  of  that  county,  James  Avery 
is  appointed  Capt. ;  Tho.  Tracy,  Livetenant ;  John 
Denison,  Ensigne. 

For  the  county  of  New  Haven,  Mr.  Robert 
Treat,  Capt. ;  Tho.  Munson,  Livetenant ;  Sam'll 
Newton,  Ensigne. 

For  the  county  of  Fay  re  field,  Mr,  Tho.  Fitch, 
Capt. ;  Jehue  Burr,  Livetenant ;  Mathew  Sher- 
wood, EnsignCo 

Capt.  John  Tallcott  is  chosen  Major  for  the 
county  of  Hartford. 

Capt.  Robert  Treat  is  chosen  Major  for  the 
county  of  New  Haven. 

Capt.  Nathan  Gold  is  chosen  Major  for  the 
county  of  Fayrefield. 

This  Court  appoynted  Mr.  James  Richards  and 
Mr.  Roswell,  forthwith  to  goe  to  New  York  with 
the  letter  which  this  Court  hath  prepared,  and 
present  the  same  to  the  Commander-in-chief  of 
the  Manhatoes,  and  to  receive  their  answer,  and 
what  their  intentions  are  :  and  in  case  Mr.  Ros- 
well should  by  any  providence  be  hindered  attend- 
ance. Major  Robert  Treat  is  to  supply  the  place 
of  Mr.  Roswell. 

The  letter  read  in  Court,  drawn  up  to  be  sent 
to  the  Commander-in-chief  of  the  Dutch  fleet, 
rideing  in  Hudsons  river,  at  New  Yorke,  this  Court 
orders  that  it  be  signed  by  the  Secretary,  in  the 

8 


86        Preparations  to  oppose  an  Invasion, 

name  and  by  order  of  the  Governor  and  Gen'll 
Assembly.* 


The  Grand  Committee  for  tlie   ordering  of  the 
Militia,  mett  at  Hartford,  August  11,  1073. 


^ 


Grand 


John  Winthrop,  Esqr.  Govr. 
Wm.  Leet,  Esqr.  Dept.  Govr. 
Mr.  Sam'll  Willys, 
Major  John  Tallcott, 

Mr.  Henry  Wolcott,  ^Committee. 

Mr.  John  Allyn, 
Mr.,  Wm.  Wadsw  orth, 
Capt.  Benj.  Newbery, 
Capt.  Tho.  Munson. 

Whereas,  the  Gen'il  Court  hath  ordered  that 
five  hundred  Dragoones  be  forthwith  raysed,  to 
be  ready  upon  one  howers  warning  to  defend  any 
place  in  this  colony,  assaulted  by  an  enemie,  and 
have  ordered  that  the  forces  raysed,  shall  be  under 
such  comanders  as  they  have  appoynted;  the 
Grand  Committee  for  the  militia,  being  mett  this 
day,  ordered  that  the  constables  of  the  respective 
plantations,  shall  forthwith  repayre  to  the  cheife 
commander  of  theire  traine  bands  and  choose  so 
many  meet  persons  as  they  are  appoynted  too, 


*0n  the  30th  of  July,  a  small  Dutch  fleet,  under  the  Com- 
mand of  Commodores  Cornelius  Evereste  and  Jacob  Benkes, 
arrived  at  New  York.  One  John  Manninor,  who  commanded 
the  fort  and  Island  there,  treacherously  delivered  them  up  to 
the  enemy  without  firing  a  gun,  or  attempting  the  least  re- 
sistance.—  Trum.  Hist.  Con,  Vol.  I.  p.  323. 


Preparations  to  oppose  an  Invasion,        8T 

that  they  may  be  in  readiness  fitted  according  to 
this  followeing  order,  upon  an  howers  warning  to 
march  under  the  conduct  of  theire  cheife  com- 
manders hereafter  named,  to  defend  any  place 
assauhed  as  aforesayd. 

The  proportion  of  dragoones  for  Hartford  coun- 
ty, is  one  hundred  sixty  three,  under  the  command 
of  Benj.  Newbery,  Capt. ;  Nicholas  Olmstead, 
liVt. ;  John  Wadsworth,  Ensigne  : — Hartford, 
forty  fower  ;  Windsor,  thirty  eight ;  Wethersfield, 
thirty ;  Farmington,  twenty  two ;  Midletown, 
thirteen  ;  Haddum,  nine  ;  Simsbury,  seven ;  totall, 
163. 

The  proportion  of  dragoones  for  New  Haven 
county  under  the  conduct  of  Major  Robt.  Treat, 
Thomas  Munson,  Lvt. ;  Sam'll  Newton,  Ensigne; 
is,  New  Haven,  fifty  one  ;  Milford,  thirty ;  Paw- 
gaset,  three  ;  Guilford,  nineteen  ;  Brandford,  nine  ; 
Wallingford,  eight ;  totall,  120. 

The  proportion  of  Fayerefield  county,  under 
the  conduct  of  Tho.  Fitch,  Capt.;  Jehu  Burr, 
Lvt. ;  Mathew  Sherwood,  Ensigne  ;  is,  Fayrefield, 
thirty  eight ;  Stratford,  thirty  three  ;  Standford, 
twenty  fower ;  Greenwich,  eight ;  Norwalk, 
seventeen,  Rye,  being  near  is  excused ;  totall, 
120. 

The  proportion  for  New  London  county,  under 
the  conduct  of  James  Avery,  Captaine  ;  Thomas 
Tracey,  Leivtenant ;  John  Denison,  Ensigne ;  is, 
New  London,  twenty  six  ;  Stoneington,  nineteen ; 
Lyme,  tenn ;  Saybrook,  seventeen ;  Kenilworth, 
eleven;  Norwich,  seventeen;  totall,  100. 

It  is  ordered  that  each  dragone  be  provided 
with  a  good  sword  and  belt,  and  serviceable  mus- 
kett  or  kirbine,  with  a  shot  powch  and  powder 
and  bullitts,  viz  :  one  pownd  of  powder  made  into 
cartiriges  fitt  for  his  gunn,  and  three   pownd  of 


88         Preparations  to  oppose  an  Invasion, 

bulletts  fitt  for  their  gunns,  or  pistoll  buUetts  and 
a  horss  to  expedite  their  march. 

It  is  allso  ordered,  that  the  place  assaulted, 
where  the  forces  raysed  are  sent  for  to  come, 
are  to  provide  quarter  for  the  soldiers  they  send 
for. 

It  is  also  ordered,  that  the  cheife  officer  in  each 
county,  upon  any  assault  made  upon  them  by  an 
enemie,  are  hereby  empowered  to  call  in  ayde 
from  the  rest  of  the  counties  for  theire  assist- 
ance. 

It  is  allso  ordered,  that  the  officers,  raysed  in 
the  counties  of  New  Haven,  Fayrefield  and  New 
London,  doe  prepare  a  halfe  pike  for  each  of  their 
dragoones. 

It  is  allso  ordered,  the  commission  officers  of 
the  dragoones  in  each  county,  are  hereby  impow- 
ered  to  appoynte  Sarjants  and  inferior  officers  for 
their  respective  companies. 

The  Committee  for  the  militia,  doe  hereby  ap- 
poynt  Mr.  Simeon  Woolcott  and  John  Griffin,  to 
be  those  that  shall  command  the  traine  band  of 
Simsbury  for  the  present,  and  untill  the  General] 
Court  order  otherwise  ;  or  the  people  there  make 
there  choyse. 

It  is  allso  ordered,  that  the  dark  of  each  county 
is  appoynted  to  send  coppyes  hereof,  forthwith 
into  each  town  within  their  respective  counties. 

It  is  allso  agreed,  that  the  Committee  shall 
meet  every  day,  about  sunn  two  howers  high,  till 
farther  order  be  given. 

A  General  Court  held  at  Hartford,  Oct.  9,  1673. 

A  certificate  from  New  Haven,  Oct.  8,  under 
the  selectmens  hands,  certifying  they  were  fur- 
nished with  powder  and  bulletts  according  to 
lawe. 


Letter  to  Commander  of  Dutch  Fleet.         89 

A  certificate  from  Milford,  dated  October,  1673, 
signifyed  their  Townes  being  furnished  with  pow- 
der and  bulletts  according  to  law. 

A  certificate  from  Windsor,  October  8,  1673, 
certifyed  their  stock  of  powder  was  300  :  bullett 
700. 


Coprj  of  a  Letter  to  the  Commander  of  the  Dutch 

Fleet  at  New  York. 

Hartford,  August  1th,  1673. 

Sr — Although  we  have  heard  of  yoV  actions 
at  Yorke,  yet  because  the  chief  trust  of  those 
parts  did  reside  in  other  hands,  from  whom  you 
have  too  sudainly  supiprzed  it,  we  made  it  o'r  bu- 
siness to  attend  what  was  devolved  upon  o'rselves 
that  way  nextly,  yet  we  understanding  you  con- 
tent not  yo'rselves  with  what  you  have  already  ta- 
ken, but  demand  submission  of  the  people,  his 
Majesty's  subjects,  seated  on  Long  Island  eastward 
beyond  Oister  Bay  ;  and  have  seised  a  vessel  of 
Mr.  SilHcks,  one  of  o'r  people,  near  one  of  o'r 
Harbours;  we  have  therefore  sent  Mr.  James 
Richards,  and  Mr.  William  Roswell,  to  know  your 
further  intentions  ;  and  we  must  let  you  know  yt 
we  and  o'r  confederates,  the  United  Colonies  of 
New  England,  are  by  our  Royall  Soveraign, 
Charles  the  second,  made  keepers  of  his  subjects 
liberties  in  these  parts,  and  doe  hope  to  acquit  o'r- 
selves in  that  trust,  through  the  assistance  of  Al- 
mighty God,  for  the  preservation  of  his  Majesty's 

Colonies  in  New  England — Which  is  all  at  the 

8# 


90  Answer  to  preceding  Letter, 

present  repr'sented  to  you,  from  the  Governor  and 
Gen'Il  Assembly  of  the  Colony  of  Connecticutt. 
Signed  pr  their  order  pr  me, 

JOHN  ALLYN,  Secretary, 

For  the   Commander  in  Cheife   of  the  Dutch 
Fleet,  rideing  in  Hudsons  River  at  New  Yorke. 


Reply  of  the  Dutch  Comodore  to  the  foregoing 

Letter, 

In  Fort  WilTm  Hendr ike,  this  24  AugH^  Ano.  1673. 

Sr — To  answer  yoV  letter  of  the  7th  Aug't, 
which  was  delivered  unto  us,  we  say,  that  we  are 
sent  fourth  by  the  high  and  mighty  Lords,  the 
States  Gen^l  of  the  United  Netherlands,  and  his 
serene  highnes  the  Lord  Prince  of  Orrange,  to  doe 
all  manner  of  dammage  unto  the  enemyes  of  the 
said  high  and  mighty  Lords,  both  by  water  and  by 
land,  from  which  cause  we  being  come  heere  into 
Hudsons  River,  have  brought  the  land  and  Forts 
within  the  same  undV  o'r  obedience,  and  in  regard 
the  villages  lying  to  the  eastward  of  Oyster  Bay 
did  belong  to  this  Govem'nt,  soe  it  is  that  to 
prevent  all  inconveniencyes,  we  have  cited  the 
same  to  give  the  oath  of  fidelity,  in  which  if  they 
remaine  defective,  we  are  resolved  to  force  them 
with  the  armes,  hkewise  allso  we  shall  not  be 
afraid  to  goe  against  those  that  shall  seeke  to 
maintaine  the  said  villages  in  their  injustis :  con- 
serning  the  vessell  that  is  taken  by  us  close  by  yoV 
havens,  their  is  no  other  consideration  but  that  it 


Committee  to  make  laws  for  Pequot  Indians.  91 

was  taken  from  o'r  enemyes;  wherefore  it  ap- 
pears very  strange  before  us,  that  we  should  be  ob- 
jected against  conserninge  it ;  wee  doe  well  be- 
lieve that  those  that  are  set  for  keepers  of  his  Ma- 
jesty of  Englands  subjects  will  quitt  themselves  as 
they  ought  to  doe  for  ye  preservation  of  the  Colo- 
nyes  in  New  England,  however  we  shall  not  for 
that  depart  from  o'r  firme  resolutions.  We  con- 
ceive we  have  heerwith  answered  yo'r  letter — 
Thus  don  in  the  place  as  above. 

By  ord'r  of  the  Comand'r  and  Counsell  of  Warn 

N.  BAYARD,  Secretary. 


At  a  Court  of  Election  held  at  Hartford  May 
ISth,  1675. — This  Court  having  considered  Robin 
Cassacinamons  petition,  doe  nominate,  appoynte 
and  impower  the  Dept.  Governor  Maj'r  Talcott, 
and  the  rest  of  the  assist's  here  to  be  a  committee 
in  the  name  of  this  Court,  to  draw  up  a  commis- 
sion for  Robin  and  Herman  Garrata  for  the  gov- 
erning of  the  Pequot  Indians,  and  to  appoynt  them 
some  under  officers,  and  to  give  them  some  order 
w'th  some  penalties  annexed  for  prevention  of 
their  haveing  or  worshiping  any  falls  Gods,  profa- 
nation of  the  Sabboth,  for  not  attending  the  Lec- 
tures of  Mr.  Fitch  amongst  them  according  to  his 
appoyntment,  for  theft  and  drunkenness  &c.,  and 
to  impower  him  in  case  of  difficulty,  to  repayre 
to  Mr.  Thomas  Stanton  and  Lieut.  Avery  for 
counsell,  advice  and  assistance,  as  the  difficulty 
shall  require,  and  to  order  Robin  some  small  al- 
lowance for  his  goverment  to  be  raysed  upon  his 
people. 


92  Laws  for  Pequot  Indians. 

Whereas  in  answer  to  Robbin  Casacinnamons 
petition  presented  to  the  Generall  Court  of  Con- 
ecticott  13th  last,  an  order  and  appoyntment  was 
by  the  sayd  Court  made  and  recorded  to  desire 
and  authorize  the  Dept.  Governor,  Maj'r  John 
Talcott,  with  such  other  of  the  assistants  as  could 
attend,  to  draw  up  some  lawes  and  orders  for  the 
present  well  governing  of  the  Pequitt  Indians,  that 
were  captives  to  the  English  Colonyes  in  generall, 
and  were  by  their  commissioners  put  under  the 
Government  of  this  Colony,  to  be  both  ruled  and 
accomodated  by  them  suitably,  these  ensueing  or- 
ders and  lawes,  (were  by  those  appoynted)  made 
and  sent  unto  them,  viz  : 

1st.  That  for  as  much  as  the  sayd  Robbin  Cau- 
sacinnamun  hath  appeared  to  be  faythfull  in  his 
trust  under  the  com'rs,  and  hitherto  under  this 
Goverment :  It  is  agayne  ordered  and  appoynt- 
ed that  he  be  still  continued  in  the  place  of  Chiefe, 
Deputy  or  principle  officer  amongst  and  over  all 
those  Indians,  who  had  beene  put  under  him  for- 
merlv,  and  that  Daniel  shall  be  his  second  or 
chiefe  counsellor,  to  assist  him  in  well  governing 
of  them. 

In  like  maner  shall  Herman  Garrata  be  princi- 
pall  bfficer  over  those  so  put  under  him,  and  Mom- 
ohow  shall  be  his  second  or  chief  counsellor,  and 
their  lawfuU  commands  are  duely  to  be  obeyed 
and  observed  by  all  the  Indians  respectively. — 
And  for  their  encouragement  and  support  in  their 
faythfull  discharge  of  that  duty  and  trust ;  each 
Indian  man,  above  sixteen  years  of  age,  shall 
yearly  pay  unto  the  principall  officer  to  which  he 
belongs  the  sum  of  five  shillings  in  currant  Indian 
pay;  but  Daniel  shall  have  a  third  part  of  Rob- 
bins  rate,  and  Momohow,  such  part  of  Harmon 
Garrattas  rate. 


Laws  for  Pequot  Indians,  93 

2.  That  there  shall  be  two  constables  in  each 
respective  place  or  Township  of  Indians,  where 
the  principle  officer  dwells,  and  there  to  be  the 
place  of  all  the  Indians  setled  residence  and  habi- 
tation, unless  for  some  time  about  their  necessary 
occasions  for  fishing,  planting  or  hunting,  they 
may  be  absent  and  remove  their  wigwams  in  the 
proper  season  for  those  occasions :  and  then  re- 
turn again  to  dwell  in  the  Tow^n  to  which  they  doe 
belong;  such  constables  are  to  be  chosen  by  the 
principall  officer  and  his  councill,  (consisting  of 
three  or  fowre  of  the  most  sober  and  discreet  men 
of  the  Towne,  chosen  with  the  approbation  of 
those  appoynted  by  the  Court  to  counsell  them,) 
and  being  so  chosen,  a  stafe  shall  be  delivered  to 
him  as  the  signe  of  his  office  and  power,  and  to 
give  notice  to  the  people  to  obey  and  assist  him 
in  the  execution  of  his  office,  whose  office  it  is  to 
attend  all  the  lawfull  commands  of  their  respec- 
tive principalis  in  prosecution  of  justice  against 
debtors  or  delinquents,  by  disorder  or  miscarriage, 
so  allso  he  is  to  attend  the  commands  or  warrants 
from  any  of  o'r  English  Magistrates ;  he  is  like- 
wise required  and  impowered  of  himselfe  to  keep 
the  peace  and  good  order,  and  prevent  the  contra- 
ry in  all  cases  and  upon  all  occasions,  so  farr  as  it 
comes  to  his  knowledge,  or  can  find  out. 

Laivs  for  the  said  Indians  to  observe, 

1.  That  whosoever  shall  oppose  or  speake 
against  the  onely  Hvein^  and  true  God,  the  crea- 
tor and  ruler  of  all  things,  shall  be  brought  to 
some  English  Court  to  be  punished  as  the  nature 
of  the  oflTence  may  require. 

2.  That  whosoever  shall  powaw  or  use  witch- 


94  Laws  for  Pequot  Indians, 

craft  or  any  worship   to  the  Devill,  or  any  falls 
God,  shall  be  so  convicted  and  punished. 

3.  That  whosoever  shall  profane  the  holy  Sab- 
bath day  by  servill  work  or  play,  such  as  chopping 
or  fetching  home  of  wood,  fishing,  fowling,  hunt- 
ing &c.,  shall  pay  as  a  fine  tenn  shillings,  halfe  to 
the  cheife  officers,  and  the  other  halfe  to  the  con- 
stable and  informer,  or  be  sharply  whipt  for  every 
such  oftence. 

4.  Whosoever  shall  committ  murder  or  man- 
slaughter, shall  be  brought  to  Hartford  goale,  and 
be  tryed  by  the  Government  according  to  the  En- 
glish Law,  which  punisheth  by  death. 

5.  Whosoever  shall  committ  adultery  by  lying 
w^ith  another  mans  wife,  or  to  have  or  keep  her 
from  her  husband,  shall  be  imprisoned  and  tryed 
and  punished  with  a  fyne  of  forty  shillings  for  ev- 
ery offence,  and  so  in  the  case  of  the  adultresse  ; 
the  sayd  fine  to  be  distributed  as  before. 

6.  Whosoever  shall  steale,  shall  restore  double 
to  his  neighboure  for  what  he  hath  taken,  when 
convict  before  their  officer  and  councill,  and  pay 
the  constable  two  shillins  sixpence  for  his  paynes 
about  executing  the  law. 

7.  Whosoever  shall  appeare,  and  prove  to  be 
drunk  amongst  them,  shall  pay  tenn  shillings  or  be- 
whipt  as  the  officers  shall  see  meete,  and  the  fine 
divided  as  before  in  the  law  about  Sabbath  break- 
ing ;  in  like  manner  shall  it  be  done  to  such  Indi- 
ans as  doe  bring  the  liquors  or  strong  drinke 
amongst  them. 

8.  It  is  ordered  that  a  ready  and  comely  at- 
tendance be  given  to  heare  the  word  of  God 
preached  by  Mr.  Fitch,  or  any  other  minister  sent 
amongst  them.  The  cheife  officers  and  consta- 
bles are  to  gather  the  people  as  they  may,  and  if 
they  be  refractory   and  refuse,  or  doe  misbehave 


Laws  for  Pequot  Indians,  95 

themselves  undecently,  such  shall  be  punished 
with  a  fine  of  five  shillings,  or  be  corporally  pun- 
ished as  the  officers  shall  see  most  meet. 

9.  If  the  officers  shall  neglect  in  any  of  the 
premises  to  doe  their  duty,  they  shall  receive 
double  punishment,  when  convict  thereof  in  any 
of  our  English  Courts. 

1 0.  But  whosoever  shall  either  affront  the  prin- 
cipall  officer,  or  refuse  to  assist  the  constable  in 
the  due  execution  of  his  office,  shall  pay  for  each 
affi'ont  so  given,  ten  shillings,  and  for  such  refusal! 
to  assist  the  constable,  five  shillings. 

Mr.  Thomas  Stanton  Sen'r,  and  Lieutenant 
James  Avery,  were  appoynted  and  desired  to  give 
them  advice  and  help  in  all  cases  of  difficulty,  for 
the  well  manaoement  of  their  trust  and  affavres, 
to  whome  they  are  in  ail  such  cases  to  repayre. 

WM.  LEET,  Dept.  Governor, 

SAMUEL  WILLYS,  Assist. 

JOHN  TALCOTT,  Assist. 

JOHN  ALLYN,  Assist. 

JAMES  RICHARDS,  Assist. 
Dated  in  Hartford,  May  31,  1675. 

To  Hermon  Garrata  to  cause  to  be  published  to 
the  people  of  his  plantation,  and  the  rest  under 
his  Goverment. 

The  tenn  articles  were  faythfully  published  to 
Robin  Harm  ay  sun,  Monohor,  the  Naragansett 
Sunk  Squaw*  and  her  councill  being  present,  at  a 
great  concourse  amongst  the  Pequitts,  the  forepart 

*  A  Queen  or  Lady  of  distinction. 


96  Letter  from  Charles  IL 

which  respects  Robins  own    interest  was  served 
and  desired  by  Robin  not  to  be  published  as  yet. 

pr.  JOHN  STANTON. 
Capt.  Avery,  and  Lieutenant  Minor  being  pre- 
sent as  witnesseth  their  hands. 

JAMES  AVERY, 
THO.  MINOR. 
The  24th  January,  1675.* 


A  letter  from  his  Majesty,  Charles  2d,  in  r^elation 
to  the  case  of  William  Harriss. 

Charles  R. 

Trusty  and  well  beloved,  we  greet  you  well : — 
Whereas  our  subject,  William  Harriss,  planter,  in 
the  colony  of  Rhoad  Island,  did  by  his  humble 
Petition  presented  to  us  in  councill,  set  forth,  that 
he  and  twelve  others  his  partners,  near  forty  years 
since,  purchased  from  certain  Indians,  a  parcell 
of  land,  called  Patuxett,  and  peaceably  enjoyed 
the  same  for  severall  years,  till  they  were  disturb- 
ed by  some  of  our  EngHsh  subjects  of  the  town 
of  Providence,  but  that  the  difference  between 
them,  being  put  to  an  award,  the  determination 
was  given  in  favor  of  the  Petitioners,  and  they 
accordingly  remained  in  quiet  possession,  and 
held  the  same  for  several  years,  untill  it  happened 
that  three  of  the  said  partners  having  a  mind  to 
breed  disturbance,  and  pretending  title  to  the  land 
in  virtue  of  another  purchase,  which  they  made 
from  Indians  who  had  more  right,  as  they  alledged, 

*1676,  according  to  the  present  mode  of  dating. 


Letter  from  Charles  11.  ^^ 

then  the  former,  these  men  impleaded  the  petition^ 
ers  in  our  Colony  of  the  Massachusetts,  but  upon 
a  fair  try  all  by  jury,  he  had  a  verdict  given  in  his 
favour,  aiKl  did  accordingly  for  some  years  after 
remain  in  quiet  possession,  that  after  this  the  said 
three  persons  being  restless  and  of  unquiett  spir- 
itts  did  bring  on  fresh  troubles  to  the  petitioners 
on  the  same  account,  so  the  matter  being  put  to  an 
award,  and  arbitrators  being  equally  chosen  out 
of  the  Colony  of  the  Massachusetts,  and  that  of 
Rhoade  Island,  for  the  greater  solemnity  of  the 
determination,  the  petitioner  and  his  partners  did 
againe  receive  a  sollemn  award  in  their  favour, 
and  they  did  accordingly  remain  in  quiet  posses- 
sion of  the  premises  for  above  twenty  years  after, 
but  about  the  year  1663,  one  John  Hazzard  and 
two  others,  who  had  fled  from  the  Province  of 
Connecticott,  coming  with  pretence  that  they  had 
made  a  purchase  of  the  petitioners  land,  from  som 
Indians  who  had  right  to  sell,  they  entered  on  a 
great  part  of  the  petitioners  lands  by  force,  and  the 
petitioner  impleaded  them  at  Law,  and  having  ob- 
tained a  verdict  and  judgement,  it  yett  so  happen- 
ed by  means  of  severall  factions  and  parties  which 
they  have  made  to  withstand  justice,  that  they  re- 
sisted ye  execution  of  that  judgement,  and  for 
pretences  only,  alledged  that  our  commissioners 
being  then  there,  did  promise  them  to  reheare  all 
the  matter  in  difference,  when  they  returned  into 
the  said  Colony,  which  our  commissioners  never 
did  ;  the  petitioner  hath  also  further  sett  forth,  that 
besides  all  the  said  mollestations,  he  had  been  fre- 
quently disquieted,  sometimes  by  the  pretensions 
of  the  Towne  of  Warwick,  sometimes  by  the 
Towne  of  Providence,  in  the  Colony  of  Rhoade 
Island,  sometimes  by  two  parties  of  men  belong- 
ing to  the  Colony  of  the  Massachusetts,  and  lastly 

9 


98  Letter  from  Charles  IL 

by  a  party  of  men  belonging  to  the  Colony  of  New 
Plimouth,  all  of  them  m  severall  times  pretending 
purchasses  made  from  different  Indians,  who  had 
right  to  sell,  whereas  the  petitioners  setts  forth, 
that  as  he  and  his  partners  w^ere  the  first  purchas- 
sers  and  tooke  care  to  derive  their  title  from  the 
chief  Indians,  who  were  then  in  actuall  possession 
of  the  premises,  so  he  remained  quiett  in  his  pur- 
chase, for  about  seven  years  after,  till  the  improve- 
ments made  by  him  and  his  partners  on  the  prem- 
ises, more  than  any  foundation  of  right,  tempted 
others  to  desire  and  invade  their  possession,  upon 
all  which  representations  of  troubles,  the  petition- 
er having  implored  our  Royal]  protection,  and  that 
we  would  order  the  Governours  of  each  of  those 
Colonyes  which  are  bounding  with  Rhoad  Island, 
and  whose  inhabitants  contribute  to  this  distur- 
bance to  give  their  ayd  and  assistance  towards  the 
quieting  of  this  matter,  and  that  the  Governours 
might  in  pursuance  of  our  Royall  orders,  agree 
amonge  themselves  to  depute  some  able,  honest, 
and  indifferent  persons  to  hear  all  differencies,  and 
to  appoint  a  jury  equally  chosen  out  of  the  respec- 
tive Colonies,  in  order  to  quiett  them,  in  the  pos- 
session of  their  said  lands  of  Patuxitt,  if  in  justice 
they  appear  to  have  right  thereunto,  and  we  hav- 
ing refered  the  examination  of  this  matter  to  our 
committee  of  trade  and  plantations,  and  they  after 
examination  of  the  matter,  having  reported  to  us, 
that  the  petitioner  and  his  partners  are  very  fit  ob- 
jects of  our  Royall  care  and  protection,  w^ee  are 
therefore  in  compassion  to  their  long  and  many 
sufferings,  graciously  inclined  to  order  them  re- 
dress in  the  most  speedy  and  efiectuall  way  that 
can  be  proposed,  and  our  will  and  pleasure  is,  and 
wee  doe  hereby  command  you  the  Governour  of 
our  Colony  of  Connecticott,  to  appoint  som  able, 


Letter  from  Charles  II .  99 

honest  and  indifferent  persons  to  joyn  with  such 
others  as  shall  be  appointed  by  the  other  respect- 
ive Governours  of  our  said  Colonies  to  whome 
we  shall  also  send  our  command  in  this  behalfe, 
and  that  you  give  them  full  and  sufficient  authori- 
ty to  cause  the  differences  and  troubles  arising  to 
the  petitioners  and  his  partners  concerning  the  land 
of  Patuxitt  to  be  brought  to  a  fair  tryall,  and  that 
by  a  just  and  indifferent  and  upright  jury  to  be  in 
like  manner  appointed,  that  all  may  be  finally  de- 
termined according  to  justice  and  without  delay, 
and  of  your  proceedings  herein,  to  send  us  an  ac- 
count with  all  convenient  speed,  and  so  wee  bid 
3'ou  farewell — Given  at  our  Court  at  Hampton, 
the  4th  day  of  August,  1675,  in  the  seven  and 
twentieth  year  of  our  Reigne. 

By  his  Majesties  command, 

J.  WILLIAMSON. 

To  our  tru&ty  and  well  beloved,  John  Winthrop, 
Esqr.,  Governour  of  our  Colony  of  Connecticott, 
and  to  our  Governour  or  Governours  there,  for  the 
time  being. 


A  Letter  from  his  Majesty  Chatties  2d, for  the  ap- 
prehension of  Nathaniel  Bacon,  the  instigator 
and  head  of  a  Rebellion  in  Virginia, 

Charles  R. 

Trusty  and  well  beloved,  wee  greet  you  well, 
w^ee  doubt  not  but  you  have  heard  of  the  disor- 
ders in  our  Colony  of  Virginia,  raised  and  contin- 


100  Letter  from  Charles  11, 

ed  by  Nathaniell  Bacon  the  younger,  who  hath 
made  himself  the  head  and  leader  of  a  rebellion 
there,  to  the  great  detriment  of  that  Colony,  and 
the  danger  of  others,  near  adjoyning  thereunto, 
having  confidence  therefore  in  your  loyalty,  and 
that  you  abhor  such  desperate  and  treasonable  ac- 
tions, and  to  prevent  the  contagion  of  so  bad  an 
example  in  other  Colonies  upon  that  tract  belong- 
ing to  our  Crow^ne  ;  wee  have  thought  fitt  to  sig- 
nifie  our  pleasure  unto  you,  and  hereby  to  require 
that  if  the  said  Nathaniel  Bacon,  or  any  of  his  ac- 
complices  in  that  rebellion,  shall  for  their  safety  or 
otherwise,  retreat,  or  resort  into  that  Province  of 
our  Colony  of  New  England,  under  your  jurisdic- 
tion, or  any  part  thereof,  you  cause  him,  them,  and 
every  of  them,  to  be  forthwith  seized  and  secur- 
ed, and  then  give  immediate  notice  thereof,  to  the 
Governour  or  Commander  in  chief  in  Virginia,  to 
the  end  such  further  course  may  be  taken  with 
them  as  shall  be  agreeable  to  la\v.  And  wee  due 
further  require  you  to  issue  forth  proclamation 
streightly,  forbidding  all  and  every  the  planters  or 
inhabitants  of  your  said  Province  to  joyne  with 
the  said  rebells,  or  to  aftbrd  them  any  arms,  am- 
munition, provisions,  or  assistance  of  any  kind 
whatsoever,  but  contrarily  enjoyning  those  under 
your  jurisdiction  to  oppose  the  said  rebells  in  all 
things  as  there  shall  be  occasion — and  so  wee  bid 
farewell.  Given  at  our  Court  at  White  Hall,  the 
Sd  day  of  November,  1676,  in  the  eight  and  twen- 
tieth year  of  our  Reigne. 

By  his  Majesties  command, 

H.  COVENTRY. 

To  our  trusty  and  well  beloved,  the  Governour 
and  Councill  of  the  Colony  of  Connecticut^  in 
New  England. 


Appointment  of  Commissioners,  <^c.         101 


The  appointment  of  John  Allyn  and  Edward 
Palmes  Commissioners  in  the  case  of  William 
Harriss. 

I,  William  Leet  Esqr.,  Governor  of  his  Majes- 
ties Colony  of  Connecticott  in  New  England,  in 
obedience  to,  and  observance  of  his  Majesties 
commands,  given  at  Hampton  Court,  the  fourth 
day  of  August,  the  27th  year  of  his  Majesties 
Reigne,  1675,  do  hereby  constitute  and  appoint 
you,  Capt.  John  Allyn  and  Major  Edward  Palmes, 
to  be  commissioners  to  joyn  with  such  other  gen- 
tlemen of  the  three  Colonyes  of  Massachusetts, 
New  Plimouth  and  Rhoad  Island,  as  bv  their  re- 
spective  Governours  shall  be  authorized  and  im- 
powered  by  their  commissions  to  joyn  with  you  in 
obedience  to,  and  observance  of  his  Majesties 
commands ;  giving  unto  you  hereby  full  and  suffi- 
cient authority  to  meet  with  the  said  commission- 
ers at  Patuxitt  or  Providence,  at  or  upon  the  22d 
day  of  August  next  ensueing  the  date  hereof, 
where  being  assembled  from  all  the  said  four  Col- 
onys,  you  with  them  are  to  joyn  in  chooseing  a 
President  from  amonge  the  said  Comuiissioners, 
and  being  so  instated  into  order,  you  shall  act  in 
appointing  such  officers  as  may  be  meet  for  the 
keeping  up  the  order  authoritie  of  that  his  Majes- 
ties Court,  and  in  impanelling  a  jury  of  twelve 
honest  and  indifferent  men,  out  of  the  sixteen  sent 
from  the  severall  Coloneys,  equally  chosen  and  ap- 
pointed for  that  worke,  who  being  impannelled 
and  sworn,  you  are  then,  as  members  of  said 
Court,  to  hear  all  such  pleas,  allegations,  proofs 
and  evidences  as  shall  be  produced  by  William 
Harriss  and  his  partners  conveying  the  lands  in 
said  Patuxitt  claimed  by  them,  being  as  he  saith 

9* 


102      Appointment  of  Commissioners,  <^c. 

rightfully  possessed  of  them,  near  forty  years 
since,  and  quietly  enjoyed  till  about  the  year  1663, 
and  then  disquieted  by  one  John  Hazzurd  and 
others,  claimers  of  said  lands,  whom  you  are  to 
hear  also,  with  their  severall  pleas,  allegations, 
proofs  and  evidences,  with  all  impartiallity,  that  so 
there  may  be  a  determination  of  those  differences 
according  to  justice,  and  that  your  proceedings 
therein  may  be  the  more  effectual],  you  are  hereby 
authorized  joyntly  or  severally  to  administer  oaths, 
and  to  issue  out  summons  to  require  persons  to 
attend  you  as  commissionated  to  the  hearing  of 
this  case,  and  all  his  Majesties  subjects  are  requir- 
ed to  yield  obedience  therein,  as  they  will  answer 
the  contrary,  and  you  with  the  rest  commissiona- 
ted as  aforesaid,  being  assembled  together,  have 
power  to  adjourn  the  Court  from  time  to  time, 
and  place  to  place,  as  shall  by  the  Court  be  judg- 
ed most  meet  for  a  speedy  and  just  determination 
of  the  case,  and  such  determination  being  made, 
you  are  to  render  an  account  thereof,  to  me,  that  I 
may  return  the  same  to  his  Majestic,  according  to 
his  command,  with  all  convenient  speed.  In  tes- 
timony whereof,  I  have  hereunto  affixed  my  hand 
and  seal,  in  Hartford,  on  Connecticott,  in  New 
England,  this  sixteenth  day  of  August,  in  the  nine 
and  twentieth  year  of  his  Majesties  Reign,  1677. 


Letter  from    Charles  IL  103 


A  Letter  from   Charles  2d,  concerning  Lands  in 
the  Narraganset  Country, 

Charles  R. 

Trusty  and  well  beloved,  wee  greet  you  well. 
Whereas  in  pursuance  of  an  order  of  our  privie 
Councell  of  the  4th  of  December  last,  dh-ecting 
our  well  beloved  subjects,  William  Stoughton  and 
Peter  Bulkley,  agents  for  the  corporation  of  the 
Massachusetts  Bay,  in  New  England,  to  show  by 
what  authority  or  title  Simon  Bradstreet,  Deputy 
Governour,  and  other  inhabitants  of  that  Colony, 
had  by  a  printed  paper  called  an  advertisement, 
dated  at  Boston  the  30th  of  July  last,  laid  claim 
to  the  lands  of  Narragansett,  and  Niantic  coun- 
treys  called  the  Kings  Province,  they  the  said 
agents  did  declare,  that  the  Government  of  the 
Massachusetts  is  not  at  all  concerned  in  this  claim, 
but  only  some  inhabitants,  who  had  purchassed 
those  lands  from  the  Indian  Sachems  :  and  where- 
as our  well  beloved  subjects,  Randall  Holden  and 
John  Green,  Deputies  of  the  town  of  Warwick, 
in  the  Colony  of  Rhoad  Island,  have  certified  our 
said  Privy  Counciil,  (of  their  certain  knowledge  as 
having  inhabited  that  country  for  above  forty  years) 
that  never  any  legall  purchase  had  been  made 
thereof  from  the  Indians,  by  the  Massachusetts  oV 
any  others,  and  there  being  likewise  produced  an 
act  of  the  voluntary  submission  of  the  chief  Sach- 
em and  the  rest  of  the  Princes,  with  the  whole 
people  of  the  Narragansetts,  unto  the  Government 
of  our  late  Royall  Father  of  blessed  memory,  to- 
gether with  two  declarations  made  by  our  com- 
missioners, on  the  20th  of  March,  1664,  and  8th  of 
April,  1605,  whereby  it  appears  that  they  had  then 


104  Letter  from  Charles  IL 

received  from  some  of  the  principall  Sachems  of 
the  Narragansett  Indians,  a  surrender  of  them- 
selves, their  subjects  and  their  lands  to  our  Gov- 
ernment and  dispose,  not  only  by  their  personall 
acknow^ledgments  and  sending  us  presents,  but  by 
putting  into  the  hands  of  our  said  commissioners 
the  Deed  aforementioned,  of  the  19th  of  April, 
1644,  and  that  as  for  the  pretended  purchasses 
made  by  Major  Atherton,  and  others  of  the  Mas- 
sachusetts Colony,  our  said  commissioners  did  then 
declare  the  said  purchasses  to  be  void,  ordering 
the  purchassers  to  leave  the  use  and  possession  of 
those  lands,  and  that  the  Magestrates  of  Rhoad  Is- 
land exercise  the  authority  of  Justices  of  the  Peace 
in  the  Narragansett  country,  by  them  called  Kings 
Province,  and  doe  whatever  they  should  think  fitt 
for  the  peace  and  safety  thereof,  untill  our  further 
pleasure  should  be  known,  we  having  taken  the 
premises  into  our  Royall  consideration,  have 
thought  fitt  hereby  strictly  to  will  and  require  you 
to  take  care  that  all  things  relating  to  the  said 
Narragansett  country,  or  the  Kings  Province,  be 
left  in  the  same  condition  as  now  they  are,  or  have 
lately  been  in,  as  to  the  possession  and  government 
thereof,  and  absolute  and  immediate  sovreignty, 
as  well  as  the  particular  propriety  of  all  that  coun- 
try, appearing  by  the  surrender  of  the  Sachims, 
to  be  vested  in  us,  our  further  pleasure  is,  that  you 
doe  forthwith  signifie  to  all  persons  within  your 
government,  who  pretend  any  right  or  title  to  the 
soyle  or  government  of  the  said  lands,  that  they 
do  with  all  speed,  and  by  the  first  convenience, 
send  over  hither  persons  sufficiently  impowered 
and  instructed,  to  make  their  right  and  title  ap- 
pear to  us,  and  that  upon  default  thereof,  we  will 
proceed  to  give  such  order  for  the  government  and 
settlement  of  the  said  Province,  as  we  shall  judge 


Letter  from  Charles  II.  105 

to  be  most  consistent  with  justice,  and  the  good 
of  such  of  our  subjects,  who  already  do  inhabit, 
or  shall  desire  to  make  any  further  improvement 
W'ithin  the  said  improvement.  And  whereas  we 
have  been  also  humbly  informed  by  our  well  be- 
loved subject  John  Crown  Gent,  that  his  Father 
William  Crown,  had  sustained  a  great  loss  by  our 
surrendring  Nova  Scotia  unto  the  French,  of  part 
of  which  country  he  was  proprietor,  and  therefore 
praying  us  to  grant  unto  him  the  lands  of  Mount 
Hope,  in  New  England,  in  compensation  thereof, 
and  we  having  referred  the  consideration  of  that 
his  humble  suit,  to  the  Lords  of  the  committee  of 
our  Privy  Councill  for  foreign  plantations,  and 
having  received  their  opinion  upon  that  matter, 
that  it  opperates  to  them  that  the  said  land  did  be- 
long to  Sachem  Phillip,  and  his  adherents,  and 
was  conquered  by  our  subjects  of  New  England 
in  the  late  w^arr  against  the  Indians,  not  without 
great  charge  and  bloodshed  ;  we  have  thought  fitt 
hereby  to  signifie  the  same  to  you,  together  with 
our  pleasure,  that  you  forthwith  certifie  unto  us, 
what  right  or  title,  any  of  our  Colonies  there,  may 
pretend  unto  the  said  country,  and  also  the  true  ex- 
tent, value  and  propriety  of  the  said  lands  of 
Mount  Hope,  with  the  grounds  and  evidences  of 
their  respective  claimes,  if  any  shall  be  made,  that 
we  may  thereupon  be  enabled  to  give  such  further 
direction  and  order,  as  may  suit  with  our  Royall 
justice  and  bounty,  and  we  cannot  upon  this  oc- 
casion but  take  notice  to  you,  that  we  have  not 
hitherto  received  from  you  or  any  other  of  the  said 
Colonies,  the  least  intimation,  much  less  account, 
of  the  conquest,  claime,  or  disposall  of  the  said 
country,  not  doubting  but  for  the  future,  you  will 
be  more  carefuU  to  advertise  us,  or  our  Privy 
Councill   of  matters  of  this  kinde,  and  which  do 


106     Letter  from  Lords  of  the  Privy  Council. 

any  way  relate  to  prerogative  and  authority — and 
so  we  bid  you  farewell. 

Given  at  our  Court,  at  White  Wall,  the  12th 
day  of  February,  1678-9,  in  the  one  and  thirtieth 
year  of  our  Reigne. 

By  his  Majesties  command. 

SUNDERLAND. 

To  our  trusty  and  well  beloved,  the  Governour 
and  Majistrates  of  Connecticutt  colony,  in  New 
England,  now  and  for  the  time  being. 


A  letter  from  the  Lords  of  tlie  Privy  Councill, 
concerning  John  Wampus,  alias,  White,  an 
Indian. 

After  our  hearty  commendations, — Whereas, 
John  Wampus,  alias.  White,  has  by  Petition  hum- 
bly represented  unto  his  Majestic,  that  he  is  by 
marriage  of  Ann,  the  daughter  of  Romonock,  late 
Sachim  of  Aspaluck  and  Sasquanaugh,  upon  the 
death  of  the  said  Sachim,  become  sole  proprietor 
of  those  tracts  of  land,  where  the  town  of  Fair- 
field, in  the  colony  of  Connecticott  is  built,  that 
the  petitioners  said  father-in-law,  did,  about  nine- 
teen years  since,  deliver  up  the  possession  of  the 
said  lands  to  the  petitioner,  who  sometime  after 
sold  part  thereof  unto  Captain  Denison,  Amos 
Richardson  and  others  of  Connecticutt  colony, 
for  the  summ  of  three  hundred  and  fifty  pounds, 
or  thereabouts  ;  and  that  by  the  evill  practices  of 
Major  Nathan  Gould,  and  other  inhabitants  of 
Fairfield,  he  is  not  only  kept  out  of  his  just  rights, 


Letter  from  Lords  of  the  Privy  Council,     107 

but  was  also  imprisoned  by  them,  in  May  last, 
when  he  went  to  demand  possession  of  his  estate, 
withall  complaining  of  the  great  hardships  and 
miseries  he  and  other  native  Indians  are  subject 
unto,  by  the  laws  of  that  colony.  His  Majesty 
takeing  into  his  gracious  consideration  the  miser- 
able condition  ot  the  Petitioner,  and  declaring  his 
Royall  pleasure,  that  not  only  the  Petitioner,  but 
all  such  indians  of  New  England,  as  are  his  sub- 
jects, and  submitt  peaceably  and  quietly  to  his 
Majesties  government,  shall  likewise  participate 
of  his  Royall  protection ;  wee  do  by  his  Majes- 
ties express  commands,  signifie  the  same  unto  you, 
requiring  you  to  doe  the  Petitioner  such  justice 
as  his  case  may  deserve,  and  for  the  future  to 
proceed  in  such  manner,  as  his  Majesties  subjects 
may  not  be  forced  to  undertake  so  long  and  dan- 
gerous voyages  for  obtaining  justice,  which  his 
Slajestie  expects  shall  be  speedily  and  impartially 
administered  unto  them  upon  the  place — and  so 
not  doubting  of  your  ready  complyance  herein, 
we  bid  you  heartily  farewell. 

From  the  Councill  chamber  in  White  Hall,  the 
2Sthday  of  March,  1679. 

Your  loving  Friends. 

CLARENDON, 

AILESBURY, 

JOHN  NICHOLAS, 

ANGLESEY, 

J.  ERIDGEWATER, 

FANCOUBERY, 

J.  ERNLE. 

To  our  loving  friends,  the  Governour  and  Ma- 
jistrates  of  his  Majesties  colony  of  Connecticott, 
in  New  England. 


108     Letter  from  Lords  of  Council  of  Trade. 


A  letter  from  the  Lords  of  the  Council  of  Trade 
and  Foreign  Plantations^  requiring  informa- 
tion on  various  subjects. 

After  our  very  hearty  commendations  unto  you, 
his  Majestie  having  been  graciously  pleased  to 
comitt  to  a  select  number  of  his  Privy  Councill, 
whereof  wee  are,  the  care  and  management  of 
things  relating  to  his  foreign  plantations,  and  it 
being  necessary  that  all  Governours  and  Com- 
manders-in-chief do  return  us  a  frequent  account 
of  the  state  and  condition  of  their  respective  gov- 
ernments, w^e  do  now  think  fitt  to  reccommend 
unto  you  severall  heads  of  inquiry,  concerning  his 
Majesties  corporation  of  Connecticott,  whereunto 
we  expect  your  speedy  and  perticular  answer ; 
and  that  we  may  be  able  to  carry  on  our  obser- 
vations and  knowledge,  and  be  still  in  a  capacitie 
to  give  his  Majestie  a  true  representation  off  af- 
fairs and  occurrences  therein,  wee  pray  and  re- 
quire you  to  transmit  unto  us,  a  clear  and  full 
account  of  the  present  state  of  the  said  colony, 
and  so  from  time  to  time,  of  what  shall  happen 
in  relation  to  his  Majesties  service,  upon  the  dis- 
tinct heads  aforesaid,  and  generally  of  all  things 
which  you,  in  your  discretion  shall  judge  neces- 
sary for  our  full  information,  and  for  the  better 
discharge  of  the  trust  reposed  in  us ;  and  so  not 


Meeting  of  CommissionerSj  <^c.  100 

doubting  of  your  care  in  the  performance  hereof, 

wee  bid  you  heartily  farewell. 

From  the  Councill  chamber  at  White  Hall,  this 

first  day  of  August,  1679. 

Your  very  loving  Friends, 
HILINGTON, 
WM.  BLATHWAIT, 
ESSEX, 

FAUCONBERG, 
H.  COVENTRY, 
J.  ERNLE. 


o 


To  the  Governour  of  his  Majesties  corporation 
f  Connecticott,  in  New  England. 


fleeting  of  the  Commissioners  of  the  United 

Colonies. 

At  a  meeting  of  the  Commissioners  of  the  Uni* 
ted  Colonies  in  Boston,  August  25,  1679. 

Right  Ho?j'ble  : — 

In  observance  of  o'r  duty  and  allegiance  to  his 
dread  Ma'tie  o'r  Gracious  Soveraigne,  and  obe- 
dience to  his  commands,  by  his  letters  directed 
severalty  to  the  Governors  of  his  Ma'ties  United 
Colony s  in  New  England,  given  at  his  Royall 
Court  in  White  Hall,  Feb'y  12,  1678-9,  perceiving 
by  mutuall  advice  that  his  Ma'ties  letters  afore- 
said, to  each  of  these  colony s,  are  of  the  same 
importe  containing  hke  commands  of  an  accot.  of 
the  contents  of  the  lands  of  Mount  Hope  and 

10 


110  Meeting  of  Commissioners ^  ^c. 

Narriganset,  &c.  which  in  the  late  warrs  with  the 
barbarous  natives,  o'r  neighbours  were  taken  out 
of  their  hands,  we  crave  leave  to  give  your  honor 
this  folio weing  acco't  as  for  the  immediate  and 
more  apparent  occasion  of  the  sayd  warr  with 
the  natives,  the  progresse  and  consequences  there- 
of, the  printed  narrative  which  we  herewith  remit 
to  your  honor,  although  the  labour  of  a  private 
hand,  yet  for  the  substance  thereof  doth  truly  set 
forth  the  same,  nevertheless  we  have,  (as  we  ap- 
prehend) just  ground  not  only  to  feare,  but  without 
breach  of  charity,  to  conclude  that  those  mahcious 
designess  of  the  Jesuits,  (those  grand  enemies  to 
his  Ma'ties  crown,  as  well  as  to  the  Protestant 
religion  by  us  possessed.)  have  had  their  influence 
in  the  contrivement  thereof,  and  of  the  certainty 
hereof,  we  have  been  credibly  informed  by  both 
Indians  and  English,  at  home  and  abroad. 

And  as  for  those  lands  of  Mount  Hope,  although 
Philip,  with  the  Indians  over  whom  he  was  Sach- 
em, possessed  the  same,  yet  they  are  not  so 
properly  to  be  called  conquered  lands,  but  such 
whose  Indian  clayme  therein  and  title  thereto  is 
nov/  forfeited  into  the  hands  of  the  English  of  said 
colony  by  his  breach  of  covenant  with  them,  and 
we  thus  apprehend  for  these  reasons, 

1.  In  that  those  lands  are  indubitably  within  the 
limits  and  bounds  of  his  Ma'ties  colony  of  New 
Plymouth  contained  within  the  express  hmits  of 
his  Royall  Charter  to  them  granted,  and  are 
within  the  bownds  of  an  English  town  of  that 
colony,  planted  by  them  nere  forty  yeares  since, 
called  Seaconck  and  Swansey. 

2.  Philip,  Sachem  and  all  those  Indians  under 
him  were  orderly  subjects  to  his  Ma'ties  Govern- 
ment, there  settled  by  authority  of  said  Charter, 
as  by  sundry  instruments   under  the  hands  and 


Meeting  of  Commissioners,  ^c.  Ill 

seals  of  said  Philip,  and  by  his  chief  men,  may 
fully  be  made  to  appear, 

3.  The  necessity  as  well  as  justice  of  said  war 
on  the  part  of  the  English,  for  the  preservation  of 
the  hves  and  estates  of  his  Ma'ties  good  subjects 
there  settled,  the  printed  narative  abovementioned, 
doth  fully  declare,  and  we  have  no  reason  to 
doubt  will  be  to  satisfaction. 

As  for  the  contents  or  value  of  said  lands,  called 
Mount  Hope,  they  have  formerly  been  estimated 
at  seven  thousand  acres,  but  upon  a  late  survay 
doe  appeare  to  be  of  less  quantity,  and  for  value 
its  advanced  the  more  considerable  by  reason  of 
its  scituation  near  the  sea,  and  so  may  be  some 
accommodation  to  the  colony  for  a  place  of  trade, 
otherwise  the  improvement  and  benefit  thereof, 
would  be  very  inconsiderable  ;  and  an  invaluable 
sum  towards  New  Plimouth  parte  of  disbursments 
wiiich  in  the  whole  hath  been  more  then  one 
hundred  thousand  pownds.  As  for  that  proposal 
made  in  behalf  of  Mr.  William  Crowne,  we  may 
truely  inform  your  Honor,  that  neither  his  former 
losses  which  were  rather  imaginary  then  reall, 
nor  his  present  demands  seem  such  to  us,  as 
should  highly  deserve  of  his  Ma'tie,  being  rather 
a  burthen  and  disservice  to  such  places  where  he 
hath  been  than  otherwise,  and  perticularly  to  one 
of  our  plantations  setled  before  the  unhappy  warr, 
where  himself  as  well  as  others  had  good  accom- 
modations freely  granted  him,  but  very  unhappy 
disquiets  attended  that  plantation  dureing  his  resi- 
dence there. 

As  for  those  lands  of  Narragancet,  they  are  in- 
cluded in  his  Ma'ties  Charter  granted  to  Connecti- 
cutt,  and  so  regularly  under  the  Government 
thereof,  and  before  the  war  began  were  peaceably 
settled  with  inhabitants  in  severale  paarts  thereof 


112  Meeting  of  Commissioners,  <^c. 

in  right  of  purchass  from  the  Indians,  and  were 
likely  to  have  been  a  flouerishing  plantation  under 
the  countenance  of  his  Ma'ties  government  there 
settled  by  his  Gracious  Letters  Pattents  to  that 
colony  under  the  broad  seal,  and  by  his  perticuler 
commands  to  other  of  the  colonys,  severally  re- 
quiring their  assistance  of  them,  but  since  the  war 
those  parts  are  disturbed  by  sundry  who  doe  in- 
trude themselves  upon  them  by  countenance  of  the 
Government  of  Rhode  Island  as  they  alledg,  and 
are  an  ungoverned  people  utterly  uncapable  to 
advance  his  Ma'ties  interest  or  the  peace  and  hap- 
piness of  their  neighbours,  as  for  the  acts  of  his 
Ma'ties  Commissioners  1664-5,  we  hope  that  none 
of  their  conclusions  were  intended  to  contradict 
his  Ma'ties  Charter,  granted  to  his  good  subjects 
here,  especially  considering  the  absence  of  Coll. 
Niccols,  when  such  conclusions  were  draw^n  up 
by  others  of  them,  without  whose  concurrence 
their  acts  as  theire  own  Commission  exhibited, 
declared  to  us  were  invalid,  we  humbly  crave 
leave  to  propose  that  it  will  be  most  difficult,  if 
not  impossible  for  the  several  claymors  of  right 
in  that  country  now  resident  in  those  colonys  to 
defend  theire  interest  in  Ensjland  before  his  Ma'- 

CD 

tie  and  Honowrable  Councill,  the  whole  estate  of 
many  of  them  being  not  able  to  transport  them 
over  seas,  or  supply  the  management  of  an  easy 
defence  at  such  distance  whence  they  must  inev- 
itably sink  under  the  burthen  of  the  loss  of  all,  if 
his  Ma'tie  be  not  pleased  in  his  Roj^all  wisdom, 
to  order  some  other  expedient  to  an  issue  ;  the 
English  of  these  colonys  having  by  his  Ma'ties 
good  leave  under  security  of  his  Letters  Pattents 
amoved  themselves  into  this  remoat  wildernesse 
neer  fifty  years  now  past,  they  have  confidence 
that  the  malice  of  their  adversaries  by  their  pri- 


Meeting  of  Commissioners,  <^c.  113 

vate  insinuations  and  unjust  reproaches  shall  not 
now  prevayle  to  disturb  them  in  theire  so  orderly 
setlenient. 

We  humbly  offer  to  your  Honours  hands,  these 
briefe  intimations  which  we  humbly  intreat  your 
Honours  favour  and  candor  so  far  to  communicate 
and  lay  before  his  Majestic,  as  in  your  w^isdom  you 
may  judge  a  service  to  his  Ma'ties  interest  and 
benefit  to  his  good  subjects  here,  a  more  full  and 
perticuler  answer  to  his  Ma'ties  commands  as  the 
colonys  may  be  severally  concerned,  we  shall 
refer  to  their  Gen'U  Courts  to  present ;  Hon'ble 
Sir  we  take  leave  to  subscribe  o'r  selves  your 
most  humble  servants  the  Commissioners  of  the 
United  colonys  in  New  England,  viz.  the  Matta- 
chusets,  Phmouth  and  Conecticutt,  by  the  speciale 
order  of  their  respective  Governors  and  Councills 
of  his  Ma'ties  colonys. 

T.  D.— J.  D.— J.  W.— T.  H.— J.  A.— J.  R. 

Boston,  in  New  England,       ) 
August  25,  1679.  i 

To  the  Right  Hon'ble,  the  Earle  of  Sunderland, 
one  of  his  Majesties  principal  1  Secret'rys  of  State, 
to  be  comunicated  to  his  Ma'tie,  these  humbly 
present. 

In  answer  to  his  Ma'ties  letter  to  the  Governor 
and  Magistrates  of  the  severall  colonys,  a  letter 
was  drawn  up  and  directed  to  the  honourable  the 
Earle  of  Sunderland  one  of  his  Ma'ties  principle 
Secretarys  of  State  to  be  communicated  to  his 
Ma'tie. 

Allowed  in  money  to  Capt.  John  Hull,  for  cat- 
tle eaten  by  the  confederate  army  in  the  Narra- 
gancett  in  proposition  from  the  severall  colonys, 
twenty  five  pownds. 
10* 


114  Address  to  Charles  II. 

To  Capt.  John  Hull,  and  Wm.  Crofts  for  ditio^ 
in  money  twenty  five  pownds,  from  the  several! 
colonys. 

Appeared  the  Reverend  Mr.  John  Eliott  and 
made  a  motion  refering  to  the  re-printing  the 
Bible. 

Some  demands  of  Mr.  Smith  and  Mr.  Sandford 
are  refered  to  the  next  meeting  of  the  Com'rs. 

Agreed  upon  the  day  and  yeare  above  written 
by  the  Commissioners  of  the  United  Colonys. 

THO.  DANFORTH,  Press'd. 
J.  DUDLEY, 
JOSIAH  WINSLOW, 
THO.  HINCHLEY, 
JOHN  ALLYN, 
JAMES  RICHARDS. 


Copy  of  an  Address  to  Ms  Majesty  Charles  the  2d, 

To  THi:  Kings  most  Excellent  Majestie. 

The  most  humble  addresse  of  his  truely  loyal  I 
subjects  and  supplyants  the  Governor  and  General! 
Assembly  of  his  Ma'ties  Colony  of  Connecticut, 
in  New  England  holden  at  Hartford,  October  9, 
1679. 

Dread  Soveraigne — ■ 

Such  and  soe  great  have  been  your  Ma'ties 
princely  favoure  towards  us,  especially  in  the  gra- 
ceous  charter  that  your  Ma'tie  (from  your  owne 
free  motion  and  most  ample  grace)  hath  beene 
pleased  to  grant  unto  us,  your  poor  yet  loyall  sub- 


Address  to  Charles  II.  115 

jects,  in  this  your  Colony,  by  which  we  are  made 
very  sencible  of  your  Royall  care  concerning  our 
Civill  and  Religious  Liberties,  as  allso  of  the  great 
and  singular  benefits  that  we  have  enjoyed  by  that 
eminent  protection,  all  which  hath  greatly  encour- 
aged and  strongly  moved  us  in  conscience  of  duty, 
humbly  and  heartily  to  offer  up  o'r  most  sincere 
acknowledgments  of  your  Ma'tis  great  goodness 
towards  us  in  those  forementioned  Charter  Bownds 
and  priviledgses,  which  hath  been  no  small  engage- 
ment and  encouragement  to  us  in  the  defence  of 
those  parts,  neither  can  we  choose  but  reflect  upon 
ourselves  that  in  so  many  Halcion  dayes  of  great 
immunities  under  your  Gracious  shadow  we  have 
not  with  bended  knees  testifyed  o'r  utmost  thank- 
fullness  for  such  Royall  favoure,  but  such  have 
been  the  overtures  by  the  Death  of  o'r  former  Gov- 
ernour  Winthrop  and  of  late  by  the  breaking  forth 
of  the  war  with  the  Barbarous  heathen  which 
hitherto  retarded  us  but  that  we  have  now  a  hope- 
full  issue  through  the  help  of  Almighty  God,  and 
the  benefit  of  vour  Rovall  countenance,  for  al- 
though  as  to  o'r  Estates  we  are  much  impoverish- 
ed thereby,  yet  through  Gods  mercy,  he  hath  given 
us  o'r  Enemy  for  a  prey,  w^hilst  many  of  o'r  neigh- 
bours round  about  us,  have  been  made  a  desola- 
tion, and  under  God  we  must  acknowledge  o'r- 
selves  Debtor  to  vour  Ma'tie  the  greatness  of  vour 
name  and  power  w-ith  the  aspect  thereof  towards 
us,  being  a  Terror  to  o'r  heathen  adversaries,  yet 
these  troubles  have  been  some  hindrance  to  that 
o'r  duty  of  acknowedging  o'r  thankfulness,  but  now 
being  by  your  Ma'ties  Letters  dated  at  White 
Hall  Feb'y  12,  1678-9  commanded  to  appear  be- 
fore your  Ma'tie  by  o'r  agents  to  make  good  o'r 
claym  to  the  soyle  and  Government  of  the  Narra- 
gancett  Country,  what  can  we  say  before  so  Gra- 


116  Address  to  Charles  II. 

cious  a  King,  but  to  beg  that  we  may  be  admitted 
humbly  to  prostrate  o'rselves  at  y'r  Ma'ties  feet 
with  earnest  beseeching  your  princely  Grace  in 
the  full  enjoyment  of  ail  the  limits  mentioned  in 
o'r  sayd  Charter,  and  the  priviledges  thereof  w'ch 
have  by  your  JRoyall  selfe  been  granted  to  us  o'r 
Heirs  and  successors  ;  and  that  o'r  messenger  Mr. 
Wm.  Harris  (who  is  impowered  by  us  according 
to  your  Majesties  order  aforesaid,)  may  find  fa- 
voure  with  your  Ma'ties  and  who  can  informe  fully 
the  expences  we  have  been  at  in  the  last  Indian 
Warr,  both  as  to  money  and  loss  of  men  as  allso 
the  advantages  obtayned  hath  formerly  been  cer- 
tifyed  to  the  Right  Hon'ble  Earle  Sunderland,  by 
the  Com'rs  of  Massachusetts,  New  Plimouth  and 
this  Colony  from  Boston,  August  last.  Great  s'r 
so  great  have  been  the  assurances  we  have  receiv- 
ed of  your  princely  favours  to  this  your  poore  Col- 
ony, by  your  Gracious  Letters,  divers  times  sent  us, 
that  we  cannot  but  be  greatly  encouraged  to  hope 
for  a  continuance  of  your  Royall  favoure  unto  us, 
and  we  shall  as  in  duty  we  are  bound  apply  o'r- 
selves constantly  to  the  Throne  of  Grace,  for  your 
Ma'ties  long  life  and  happy  Reign  over  all  your 
kingdoms  and  territoris  to  the  honor  of  the  great 
God  and  the  good  of  his  church. 

So  beging  your  Majesties  pardon,  we  subscribe 
oVselves  your  Ma'ties  true  and  loyall  subjects,  the 
Gov'r  and  Generall  Assembly  of  your  Ma'ties 
Colony  of  Conecticutt. 

WM.  LEET,  Gov'r, 

In  their  names  and  pr  their  order, 

JOHN  ALLYN,  Sec'ry. 


Letter  from  Charles  IL  117 


A  Letter  from  his  Majesty  Charles  2c?,  relating  to 
tirade  and  navigation. 

Charles  R. 

Trusty  and  well  beloved,  wee  greet  you  well, 
w^hereas  by  an  act  of  Parliament  of  this  our 
Realnie,  made  in  the  25th  year  of  our  Reigne, 
certain  rates,  duties  and  impositions  are  imposed 
upon  certain  comodities  of  the  groth,  production 
and  manufacture  of  our  plantations  in  Asia,  Afri- 
ca or  America,  that  shall  be  shipped  or  laden  on 
board  any  shipp  or  vessell,  for  which  bond  shall 
not  be  first  given  to  bring  the  same  to  our  King- 
dome  of  England,  Dominion  of  Wales  or  Town 
of  Berwick  upon  Tweed,  which  rates,  duties  and 
impositions  are  to  be  levyed  and  collected  under 
such  penalties,  both  to  the  officers  and  upon  the 
goods,  as  for  non  payment  of,  or  defrauding  us  of 
our  customes  in  England  ;  the  collection  whereof 
is  by  the  said  act  to  be  ordered  and  managed  by 
our  commissioners  of  our  customes  in  England, 
under  the  authority  and  direction  of  our  Lord  High 
Treasurer  of  England,  or  commissioners  of  our 
Treasury  for  the  time  being. 

And  whereas  our  commissioners  of  our  cus- 
tomes, have  in  pursuance  of  such  direction,  ap- 
pointed Edward  Randolph  Esqr.,  for  collecting  the 
said  duties  arising  and  growing  due  to  us,  by  ver- 
tue  of  the  said  act,  and  have  impowered  him  to 
make  and  depute  such  deputies  or  under  officers  as 
may  be  further  necessary,  w^ee  will  and  require 
you  that  you  give  all  due  encouragement  and  as- 
sistance to  the  said  Edward  Randolph,  in  the  ex- 
ecution of  his  duty  and  place,  and  to  such  persons 
as  shall  from  time  to  time,  be  by  him  appointed  to 


118  Letter  from  Charles  II. 

the  said  offices,  and  that  you  do  strictly  command 
all  other  officers  and  persons  whatsoever,  civill  or 
military,  within  your  government  to  be  aiding  and 
assisting  to  them  therein ;  you  are  moreover,  to 
take  effectaall  care  that  all  former  laws  relating 
to  the  trade  of  our  plantations,  be  duly  observed 
and  executed,  and  particularly  the  act  for  encour- 
ageing  and  encreasing  of  shipping  and  navigation, 
made  in  the  12th  year  of  our  Reigne,  the  act  for 
encouragement  of  trade,  made  in^he  15th  year  of 
our  Reigne,  and  the  act  for  better  regulating  to 
the  plantation  trade  made  in  the  22  and  23  years 
of  our  Reigne,  and  also  our  proclamation  of  the 
24  November,  in  the  27  year  of  our  Reigne,  for 
enforceing  the  said  laws  ;  and  you  are  once  a  year 
to  return  to  our  said  commissioners  of  our  cus- 
tomes,  a  list  of  all  such  shipps  or  vessells  as  shall 
lade  within  your  government,  any  of  the  enume- 
rated plantation  comodities,  as  is  provided  by  the 
aforementioned  act  of  the  22  and  23  years  of  our 
Reigne,  as  also  a  list  of  all  the  bonds  taken  by 
you,  together  with  such  other  matters  as  they  shall 
desire  from  you.  And  you  are  from  time  to  time, 
to  correspond  with  our  commissioners  of  our  cus- 
tomes,  and  to  inform  them  what  you  conceive  fur- 
ther necessary  for  our  service  in  the  premises. — 
Given  at  our  Court  at  White  Hall,  twelfth  day  of 
November,  in  the  one  and  twentieth  year  of  our 
Reign.     By  his  Majesties  command. 

ESSEX, 

L.  HYDE, 

J.  ERNLE, 

ED.  DERING, 

S.  GIDELPHIS. 
To  our  trusty  and  well  beloved,  the  Governour, 
for  the  time  being,  of  our  Colony  of  Connecticott, 
New  England. 


Deposition  of  Francis  Branson,  119 


A  copy  of  the  Deposition  of  Francis  Branson, 

Francis  Branson,  commander  of  the  ship  Anne 
and  Hester,  aged  30  years  or  thereabouts,  in  the 
behalf  of  his  Majestie  testifieth,  that  William 
Kelso,  Chirurgeon,  and  John  Bowland,  mate  of  the 
said  ship,  being  aboard,  in  the  great  cabbin  at  sea, 
the  16th  day  of  April  last,  1680,  amongst  other 
discourses  that  then  passed  between  them,  the 
said  William  Kelso  in  hearing  of  this  Deponent, 
did  declare  in  the  great  cabbin,  that  he  was  the 
Chirurgeon  Generall,  in  the  late  rebellion  in  Scott- 
land,  and  that  after  the  Duke  of  Monmouth  had 
been  there  and  qualified  them,  Kelso  cutt  of  his 
hair  and  wore  a  Perriwigg,  and  made  his  escape 
into  the  north  of  Ireland,  and  from  thence  trans- 
ported himself  to  Dublin,  and  was  there  some 
small  time,  and  from  thence  he  made  his  escape 
to  Bristol,  and  there  he  stayed  a  while,  and  after 
went  up  to  London.  He  then  at  the  same  time 
did  declare,  that  he  knew  those  persons  that 
murdered  the  Arch  Bishop  of  St.  Andrews,  and 
that  they  had  made  their  escape  disguised,  and 
could  not  be  found ;  that  there  were  six  of  them 
that  sett  upon  him,  when  he  w^as  in  his  coach, 
going  over  a  plain  3  miles  from  a  village,  that 
they  hauled  him  out  of  his  coach  and  told  him 
that  he  had  betrayed  them,  and  therefore  nothing 
should  satisfie  them  but  his  blood.  His  Daughter 
being  in  the  coach  with  him,  opened  her  bosome, 
and  desired  them  to  spare  her  father  and  kill 
her,  but  they  fell  upon  him  with  their  pistolls,  first 
pistolling  him,  and  then  hewed  him  in  pieces 
with  their  sw^ores ;  all  which  words  were  spoken 
by  the  said  Kelso,  when  w^e  were  coming  from 
England,  being  then  bound  for  the  Isle  of  May. 


120     Letter  to  Commissioners  of  Customs. 

Sworn  to  in  Court,  the  4th  January  1680,  in 
Boston,  in  New  England.  That  this  is  a  true 
coppie  taken  and  compared  with  tlie  original,  4th 
January  1G80. 

Attest, 

EDWARD  RAWSON,  Secr'y. 


Ooptj  of  a  Letter  sent  by  the  Govetmor  ^c.  of  the 
Colony  of  Connecticut^  to  the  Commissioners  of 
his  Majesties  Customs. 

Much  Honoured — 

Yours  of  May  24th  came  to  our  hand  January 
following  W4th  the  inclosed  from  his  Majestic,  with 
the  Statutes,  box  of  Seals  and  book  of  rates,  &c. 
the  contents  whereof  were  of  much  satisfaction 
unto  us,  viz  :  to  be  informed  and  directed  how  we 
might  serve  his  Majestic  preventive  to  frauds  in 
customs  and  dutys,  that  being  part  of  our  allegi- 
ance and  duty  incumbant,  unto  which  we  appre- 
hend ourselves  sufficiently  impowered  by  his  Ma- 
jesties gracious  Charter,  granted  to  this  Colony, 
and  wee  have  the  greater  happiness  by  your  early 
care,  thus  to  suggest  to  us  before  we  arrived  at 
any  capacitie  so  to  defraud,  for  though  we  may  not 
boast  of  our  own  goodness,  yet  pennury  hath 
hitherto  obstructed,  for  after  above  forty  years 
sweating  and  toyle  in  this  wilderness,  to  enlarge 
his  Majesties  dominions,  at  our  own  cost  and  ad- 
venture, we  have  neither  had  leisure  or  ability  to 
lanch  out  in  any  considerable  trade  at  sea,  having 
only  a  few  small  vessells  to  carry  our  corne,  hoggs 


Letter  to  Commissioners  of  Customs.     121 

and  horses  unto  our  neighbours  of  York  and  Bos- 
ton, to  exchange  for  some  cloaths  and  utensills 
wherewithal!  to  worke  and  subdue  this  country  ; 
Hkewise  some  of  those  comodities  are  carried  to 
the  Barbadoes,  and  those  Islands,  to  bring  in  some 
sugar  and  rum  to  refresh  the  spirits  of  such  as  la- 
bour in  the  extream  heat  and  cold,  so  to  serve  his 
Majesties  inlargement  of  Dominions,  and  gett  a 
poor  living  to  themselves  meanwhile,  the  sub- 
stance whereof  we  suppose  Mr.  Randolph  can 
informe,  who  having  lately  taken  an  interview  of 
our  parts  and  Colony,  unto  whom  we  have  shew- 
ed civility  according  to  our  capacitie,  and  offered 
any  furtherance  in  so  good  a  designe  to  prevent 
fraud  towards  our  Sovreign  in  trade  and  naviga- 
tion, we  have  also  appointed  customers  or  collec- 
tors in  our  severall  counties,  to  take  speciall  care 
that  these  acts  of  navigation  and  trade  be  duly  ob- 
served and  kept,  and  have  commissioned  them  ac- 
cordingly, they  are  the  most  aptest  persons  we 
could  pitch  upon,  for  that  affaire,  this  work  is  yett 
novell  and  unknow^n  to  them,  through  want  of  ex- 
perience in  such  occasions,  but  we  have  no  cause 
to  doubt  of  their  fidelitie  and  care  in  the  due  at- 
tendance of  the  work  and  trust  reposed  in  them, 
and  we  shall  be  ready  to  grant  Mr.  Randolph  such 
necessary  aid  and  assistance  as  shall  be  requisite, 
if  he  also  shall  see  cause  to  take  any  cognizance 
of  these  affaires  in  our  colony,  if  yourselves  or 
any  Lords  of  the  Privy  Council!  or  Treasury  will 
concern  themselves  to  further  light,  in  this  or  any 
thing  proper  to  our  Loyalty,  we  shall  thankfully 
accept  the  same,  and  do  our  duty  therein,  praying 
always  for  the  long  life  and  happy  Reigne  of  his 
Majestie,  and  wellfare  of  yourselves,  and  all  Pro- 

11 


122      Letter  to  Commissioners  of  Customs, 

testant  professors,  as  our  own,  who  are  your  Hon- 
ours very  humble  servants.* 

WILLIAM  LEETE,  Govt, 
JOHN  TALCOTT, 
JOHN  ALLYN. 
Hartford,  January  24th,  1680. 

Note. — This,  according  to  the  modern  mode  of  dating", 
was  1681. 

These  for  the  Honourable  the  Comissioners  of 
his  Majesties  Customes,  at  the  Custome  House  in 
London. 


*  "The  Acts  of  trade  and  navigation  were  exceedingly 
grievous  to  the  Colonies.  They  viewed  them  as  utterly  in- 
consistent with  their  chartered  rights.  This  made  them  ex- 
tremely unwilling  to  submit  to  them.  Massachusetts  never 
would  finally  submit ;  but  as  it  was  matter  of  great  and  con- 
tinual complaint  against  the  Colonies,  and  as  his  Majesty  in- 
sisted on  the  respective  Governors  taking  the  oath  respect- 
ing trade  and  navigation,  it  was  judged  expedient,  that  Gov- 
ernor Leet  should  take  it,  in  the  presence  of  the  Assembly. 
It  was  accordingly  administered  to  him  at  the  Session  in 
May,  1680."— Trum.  Hist.  Con.  Vol.  1,  p  356. 

"At  a  Generall  Court  of  Election  held  at  Hartford  May 
13, 1680,  according  to  his  Ma'ties  command,  the  Governur 
did  in  the  presence  of  the  Court,  take  the  oath  respecting 
the  act  of  navigation  and  trade,  appoynted  by  his  Ma'tie,  it 
being  administered  to  him  by  Mr.  Sam'l  Willys,  Maj'r  John 
Tallcott,  Capt.  John  Allyn,  and  fewer  others  of  the  Coun- 
Gill  of  the  Colony,  May  14, 1680." 


Letter  from  ConCrs  on  Trade  ^  <^c,         123 


A  Letter  from  the  Lords  Commissioners  of  his 
Mqjes.  Customs,  relating  to  Trade  and  Navi- 
gation, <^c. 

Sr,  herein  we  enclose  a  letter  from  his  Majestic, 
in  relation  to  his  customes,  arising  by  vertue  of 
one  act  of  Parliament,  made  in  the  25th  year  of 
his  Majesties  Reigne,  entitled  an  act  for  better 
secureing  the  plantation  trade,  and  also  in  rela- 
tion to  the  other  laws  which  concern  the  planta- 
tion trade,  and  for  your  information  in  these 
matters,  a  book  of  rates  is  herewith  transmitted 
to  you,  wherein  the  said  laws  are  contained,  viz. 
the  act  of  navigation,  the  act  for  the  encourage- 
ment of  trade,  the  act  for  better  regulating  the 
plantation  trade,  and  the  act  for  better  securing 
the  plantation  trade,  together  with  some  copies  of 
his  Alajesties  Proclamations  of  the  24  November, 
in  the  27th  year  of  his  majesties  Reigne,  prohibit- 
ing the  importation  of  the  commodities  of  Europe 
into  any  of  his  majesties  Plantations  in  Asia,  Afri- 
ca or  x\merica,  which  were  not  laden  in  England, 
and  for  putting  all  other  laws  relating  to  the  plan- 
tation trade,  in  effectual  execution,  for  due  per- 
formance whereof  you  will  please  to  give  order 
and  take  care,  and  whereas  several  shipps  have 
gone  from  his  majesties  plantations  to  Scotland, 
Ireland  and  other  places  beyond  the  seas,  and  there 
discharged  their  loading  of  tobacco,  sugar  and 
other  the  commodities,  enumerated  in  the  afore- 
said act  of  the  25,  of  the  King,  without  first  com- 
ing to  England,  Wales  or  Berv»'ick  and  paying 
his  Majesties  duties  there  for  the  same,  according 
to  the  said  laws,  for  prevention  thereof  for  the 
future,  wee  desire  you  will  please  that  according 
to  the  aforementioned  act  for  regulating  the  plan- 


124        Letter  from  Conors  on  Trade  ^  <^c. 

tation  trade,  we  may  receive  from  you  at  least 
once  a  year,  a  list  of  all  such  ships  or  vessels,  as 
shall  lade  w^ithin  your  Government,  any  of  the 
enumerated  comodities,  according  to  the  enclosed 
forme,  endorsed  (No»  1,)  and  that  you  do  not  per- 
mitt  any  shipp  or  vessell  to  load  any  of  the  said 
goods  in  your  colony,  unless  she  first  give  bond  to 
carry  the  same  to  England,  Wales  or  Berwick, 
or  pay  the  duties  appointed  by  the  aforesaid  act 
of  the  25,  of  the  King,  and  also  give  bond  to  carry 
them  to  England,  Wales  or  Berwick  or  to  some 
other  of  his  Majesties  plantations,  for  that  you  are 
to  know,  that  the  payment  of  the  said  duties  doth 
not  give  hberty  to  go  to  any  Port  or  place  other 
than  to  England,  Wales  or  Berwick,  or  to  some 
other  of  his  Majesties  plantations,  and  they  are 
not  thereby  privileged  to  goe  to  Ireland,  Scotland 
or  any  foreign  country,  and  for  the  better  discov- 
ery of  false  certificates  of  ships  having  given  bond 
in  England  and  unloaden  there,  we  desire  you  will 
use  your  utmost  care  in  causing  strict  examina- 
tion to  be  made  of  all  certificates,  both  of  ships 
having  given  such  bond,  and  also  of  their  having 
discharged  their  loading  in  England,  and  that  you 
admit  of  no  certificates  of  any  ships  having  given 
bond,  nor  of  any  ships  having  discharged  their 
loading  m  England,  Wales  or  Berwick,  but  such 
as  shall  come  to  you  under  the  hands  and  seals  of 
the  customer  or  patent  collector  and  comptroller 
or  their  deputies,  and  the  hand  of  the  commis- 
sion collector  or  his  deputy  or  two  of  them,  of  the 
port  where  they  gave  bond  or  unladed  respect- 
ively, and  we  herewith  transmitt  to  you  one  of 
each  of  the  impressions  of  the  scales  as  we  rec'd 
them,  both  from  the  respective  customers  and 
comptrollers,  both  in  the  port  of  London  and  the 
out  Ports.    And  we  desire  that  as  it  is  the  practice 


Letter  from  Conirs  on  Trade,  ^c.  125 

in  other  plantations,  all  certificates,  both  of  ships 
having  given  bond,  and  of  their  having  discharged 
their  respective  loadings  may  be  registered  in 
your  navall  office,  or  some  other  publick  office  in 
your  colony,  and  you  may  please  further  observe, 
that  you  are  not  to  permitt  any  shipp  to  take  in 
any  of  the  enumerated  goods  in  your  colony,  but 
such  as  have  given  bond  in  England,  Wales  or 
Berwick,  or  to  yourself,  or  to  the  Governor  of 
some  other  of  his  Majesties  colonies,  and  where 
a  certificate  shall  be  brought  to  you,  of  any  ships 
having  given  bond  with  the  Governour  of  any 
other  colony  or  ships,  having  unloaden  any  of  the 
said  commodities  in  any  other  colony,  you  are  nott 
to  admitt  thereof,  unless  it  be  under  the  hand  and 
seal  of  such  Governour  respectively,  and  as  to  the 
bonds  to  be  taken  by  you,  wee  here  inclose  to 
you  the  form  of  a  bond  to  be  entered  into  by  mas- 
ters of  ships  that  enter  for  England,  Wales  or 
Berwick,  only,  (No.  2,)  and  the  form  of  a  bond  to 
be  entered  into  by  the  masters  of  ships  that  enter 
for  England,  Wales  or  Berwick,  or  some  other  of 
his  Majesties  plantations,  before  they  have  liberty 
to  lade  any  of  the  said  goods,  (No.  3,)  both  which 
bonds  are  to  be  with  one  sufficient  surety  ;  and 
the  blank  in  which  bonds  for  the  summ  is  to  be 
filled  up  according  to  the  direction  in  the  act  of 
navigation,  with  the  sum  of  one  thousand  pounds, 
if  the  ship  be  of  less  burthen  than  one  hundx^ed 
tonn,  and  of  two  thousand  pounds  if  the  ship  be  of 
a  greater  burthen,  and  because  the  life  and  effi- 
cacy of  such  bonds  depend  principally  upon  the 
sufficiency  of  the  securities,  we  desire  that  you 
will  take  effectual  care  that  the  sureties  in  all 
such  bonds,  be  persons  of  sufficiency  and  value, 
and  inhabitants  within  your  Government ;  and  in 
all  cases  where  bond  hath  been  given  to  you,  if 
11* 


126        Letter  from  CorrCrs  on  Trade,  <^, 

you  can  discover  and  make  proofe,  that  any  such 
ship  or  vessell  hath  discharged  her  loading,  con- 
trary to  her  bond,  or  that  a  convenient  time  hath 
passed  in  expectation  of  the  returne  of  a  certifi- 
cate of  her  unladeing  according  to  the  condition 
of  her  bond,  and  that  no  such  certificate  is  return- 
ed, wee  desire  you  w^ill  cause  the  bond  to  be  pros- 
secuted,  wee  doubt  not  but  you  will  give  all 
encouragement  to  Mr.  Randolph,  appointed  by 
his  Majestic  to  receive  his  customes  in  your  col- 
ony, and  likewise  to  his  deputies, — ^we  are  Sr  your 
very  humble  servants, 

STOWIMS, 

CHELHEYNE, 

HILLINGTERY. 


Custom  House,  London, 
24  May,  1680 


J 


To  the  Governour  for  the  time  being,  of  Con- 
necticott  colony.  New  England. 


Entry  and  Clearance  of  Vessels.  127 


To    <» 
«     ^     ^ 

Q  •■^i  •«* 
rv     O     «« 

^■-^    I 

^  ^^ 

s  ^^ 
^^-^ 

;^^> 

o  «  o 

?^  i 
§  s  g 

C3    CO 

S^  o 


Q 

^ 


SS 


---^ 


S  S  I 

''i  .'^  ;2 


IJ    «    O 


o 

ii 

1  fi 

^> 

^^ 

ll 

5" 

ii  9i 

f^-S 

& 

»— 1 

05 

Z 

O 

OS       . 

■< 

«  2 

H 

c  S 

Z 

< 

a 

pL, 

2  S^ 

a 

o-S'm 

a 

;5  iS'So 

H 

^=3  2i 

o 

Q 

BJ 

< 
^ 

Z 

l-H 

i  =3 

0 

3  5i 

tf 

-TJ       ^ 

H 

c^-S 

Z 

W     PQ 

M    . 

'fcH      M 

e3    2 

S« 

o; 

s  nam 

what 

ace. 

.S^  a. 

A  o 

a? 

•»-  .    . 

Ola 

(D   o  o 

Tim 
Imp 
tati 

-dTJ 

r»     r-i 

3  5  _: 

■^  5? 

o        c 

fe  c  > 

^^tX) 

^i? 

S-d 

2    G 

^*H    5 

^J 

^S" 

O    t. 

>>«'? 

■"   ^  •?! 

•s  C.-6 

OS 

c3   s   a^ 

z 

3  rt  a- 

o 

l-l 

^p:^^ 

so 

H 

"«-    M 

Z 

Q    o 

<1 

C   3 

kI 

a, 

O  s 

H 

11? 

© 
0! 

^ff 

(M 

<u 

O 

o    «  « 

tf 

^Xr=: 

< 

>    ^   3 

H 

p 

o 

Si 

a 

mt3 

z 

M 

-TS      ;S 

Bi 

.S"o'3 

:A     W 

1-3 

O 

Master's 
name. 

<u 

S« 

«&^ 

a«_  a. 

S  => 

m 

««  bb 

o  c 

S'-^ 

S  « 

.t:  a; 

Ho 

CO 


^3 
O 

G 

O 
•  p-t 

s 
o 

S 

is 

o 

CO 

o 

CO 

■^ 
CJ 

CO 

D 

s 

C! 

O 
.  ^H 


a> 
'a 

H 

o 
o 

CD 

a 

4-J 

od 
O 

o 

Xi. 

02-3 
o  CO 

Oh   =» 

t_  <^ 
^  o 

«'^ 

•r"    C 

<D 


O    O  s-1 

CJ    i-  > 

sa,  o  o) 

£^  c  bfl 

&-■"  c 

-Q  S  a, 

;-i   C  o 

a;   cd 

o 

«  *3  *-< 

Q   o  o 

a>  D^ 
Ol,  o^ 

xti  O 

J-  to 


3 


o 


♦J 


•  I— I  ^^ 

<y  m  >> 

O    g  a 

2  o  § 

t,    cd  3 

to     ^  M 

P-i    w  2 

OJ 


a;   c 

J-1 

t3  o 

o 

*j 

E  Ji^ 

or  fro 
the  C 

CO 

f/> 

fcX)   50 

is 

c   ^ 

o 

^20 

ed    O    -, 
^   a   H  0) 


,2  "*- 


(U 


==•5       3  ed   2   rf 


3  -"     3 


128       Letter  to  Lords  of  the  Council,  <^c. 


Copy  of  a  Letter  from  the  Governor  and  Council 
of  the  Colony  of  Connecticut,  to  the  Rt.  Hon- 
orable, the  Lords  of  the  Council  of  trade,  rela- 
tive to  the  Narraganset  Country. 

Right  Honnourable — 

We  request  your  consideration  of  our  pleas  of 
right  to  the  Government  and  soyle  of  the  Narra- 
gansett  lands. 

1.  Our  Pattent,  dated  23d  Aprill,  in  the  four- 
teenth year  of  his  Majesties  Reigne,  doih  circum- 
scribe those  lands,  and  makes  them  Connecticuts, 
which  Pattent  is  precedent  to  Rhoad  Island. 

2.  That  the  bounds  of  our  charter,  as  to  the 
eastern  limits,  was  not  newly  devised,  but  was  so 
described  in  a  grant  made  formerly  to  some  Lords 
and  Gent,  bearing  date  Anno.  Dom.  1631,  which 
at  a  dear  rate  was  purchased  by  the  Colony  of 
Connecticut,  which  grant,  though  so  purchassed 
we  were  unwilling  to  rely  upon,  it  wanting  a  Roy- 
all  stamp,  and  therefore  soon  after  his  Majesties 
happy  restoration  to  his  Crown  and  dignity,  this 
Colony  did  request  and  impower  the  Hon.  John 
Winthrop  Esqr.,  our  then  Governour,  to  undertake 
a  voyage  for  England,  and  to  present  our  humble 
address  to  his  Majesty  and  procure  a  charter  for 
this  Colony,  which  through  assistance  of  Almigh- 
ty God,  and  the  abundant  grace  of  our  Lord  the 
King,  (whom  God  preserve)  he  was  successful] 
therein. 

3.  That  Pawcatuck  River,  which  Rhoad  Island 
procured  his  Majestic  to  call  Narragensett  River 
in  their  charter,  lyeth  about  six  miles  within  the 
Pequot  country,  that  was  conquered  by  us  above 
forty  years  agoe,  which  his  Majestic  is  pleased  to 


Letter  to  Lords  of  the  Council,  <J^.       129 

take  notice  of,  as  a  ground  for  the  grant  of  our 
charter,  in  part  of  which  lands  we  have  been  for- 
ced to  settle  some  of  our  friend  Indians,  who  were 
helpful!  to  us  in  the  warr  when  the  Narragansetts 
were  our  enemies,  and  the  Rhoad  Islanders  no 
good  friends,  that  it  should  be  taken  from  them 
for  Rhoad  Island,  to  possess  and  govern  will  be  to 
them  intollerable. 

4.  After  a  charter  was  procured  and  sent  over 
to  us,  the  Honnourable  John  Winthrop  his  agency 
was  expired,  and  therefore  any  agreement  Rhoad 
Island  may  pretend  they  made  with  Governour 
Winthrop,  doth  not  binde  the  Colony. 

5.  Connecticot  have  dealt  plainly,  and  have 
antiquity  of  their  side  before  either  donation  of  the 
Indians  to  his  Majestic,  and  before  Riioad  Islands 
charter  grant. 

6.  Connecticut   hath  been  long  and  lately  in 
possession  of  great    parts   of  those    Narraganset 
lands,  which  according  to  his   Majesties  Letter  of 
February  12th,  1697,  (we  humbly  conceive)  ought 
so  to  continue    untill    his    Majesties  decision  and    '    'fe"7  9 
pleasure  be  further  known,  notwithstanding  which,      ^^_  /p, 
the  Government  of  Rhoad  Island  have  been  con-  _ 
tending  with  us,  incroached  upon  our  rights,  and  '^^ 
given  us  great  mollestation. 

7.  In  the  late  Indian  warr,  Rhoad  Island  Gov- 
ernment neglected  to  grant  assistance  to  defend 
the  people  planted  in  the  Narraganset  country,  or 
to  recover  the  lands  out  of  the  hands  of  the  na- 
tives, our  enemies,  who  strongly  fortifyed  them- 
selves there,  and  ruled  as  Lords  both  of  soyle  and 
Government,  till  they  were  recovered  out  of  their 
hands  by  this  Colony,  and  our  allies,  yea  when  in 
the  sharpest  of  the  winter,  our  souldiers  had  a  cru- 
el fight  with  the  enemy,  beat  them  out  of  their 
works   and  burnt  them  with  fire,  and  retreated  to 


n 


c^ 


130  Questions  and  Answers. 

Rhoad  Island  for  recruit  w'th  our  wounded  men  ; 
we  were  forced  to  pay  dearly  for  what  reliefe  they 
had  there,  and  our  souldiers  when  they  were  so 
well  that  they  could  be  removed  into  our  Colony 
for  care,  (they  haveing  not  money  to  pay)  their 
late  Governour  Cranson,  took  indentures  of  our 
souldiers  to  serve  him  for  years  for  what  they  had 
had,  before  he  lett  them  pass,  and  yet  againe  they 
give  us  trouble,  and  would  re-assume  a  Govern- 
ment there,  which  how  they  manage  we  hope  you 
will  have  from  other  hands,  sundry  other  such 
tlnngs  with  sufficient  proofs  we  had  sent  over,  but 
they  are  all  lost  with  our  agent,  we  request  your 
favorable  construction  hereof,  and  you  will  there- 
by oblige  your  most  humble  servants,  the  Govern- 
our and  Councill  of  Connecticutt. 

WILLIAM  LEET,  Govern'ur. 
Hartford,  July  15th,  1680. 


Heads  of  inquiry,  containing  27  queries,  sent  from 
the  Honourable  the  Lords  of  the  Councill  of 
Trade  and  Foreign  Plantations,  to  the  Govern- 
our of  his  Majesties  Colony  of  Connecticutt,  in 
New  England. 

1.  What  Councills,  Assemblies  and  Courts  of 
Judicature  are  within  your  Corporation,  and  of 
what  nature  and  kinde  ? 

2.  What  Courts  of  Judicature  relating  to  the 
Admiralty  ? 

3.  Where  the  Legislative  and  Executive  pow- 
ers of  the  Government  are  seated  ? 


Questions  and  Answers,  131 

4.  What  Statutes,  Laws  and  Ordinances,  are 
now  made  and  in  force  1 

5.  What  number  of  Horse  or  Foot  are  within 
your  Government,  whether  they  be  trained  bands 
or  standing  Forces,  how  they  are  armed,  divided 
and  exercised  ? 

6.  What  Castles  and  Forts  are  within  your 
Corporation,  and  how  situated  and  fortified ;  as 
also  what  stores  and  provisions  they  are  furnished 
withall? 

7.  What  number  of  Privateers  or  Pvrates  do 
frequent  your  Coast,  and  what  iheir  burthens  are, 
the  number  of  their  men  and  gunns,  and  the  names 
of  the  Commanders? 

8.  What  is  the  strength  of  your  bordering 
neighbours,  whether  Indians  or  of  any  other  na- 
tion, by  sea  and  land,  and  w  hat  is  the  state  and 
condition  of  their  trade  and  commerce  ? 

9.  What  correspondence  do  you  keep  with 
your  neighbours  ? 

10.  What  are  the  Boundaries,  Longitude,  Lat- 
titude  and  contents  of  Land  within  your  Govern- 
ment, and  what  number  of  acres  Pattented,  set- 
tled, or  unsettled,  and  how  much  is  manureable 
Land  ? 

11.  What  are  the  principall  Towns  and  pla- 
ces of  trade,  and  what  manner  of  buildings  are 
most  used  in  your  Corporation,  as  to  the  strength 
and  largeness  of  them  ? 

12.  How  many  Parishes,  Precincts,  or  divis- 
ions are  within  your  Government  ? 

13.  What  Rivers,  Harbours  and  Roads  are 
within  your  Corporation,  and  of  what  depths  and 
soundings  they  are  ? 

14.  What  comodities  are  there  of  the  produc- 
tion, groth  and  manufacture  of  your  Government, 
and  of  what  value  yearly,  either  exported  or  con- 


1 32  Questions  and  Answers, 

Slimed  upon  the  value,  and  what  materials  are 
there  already  growing,  or  may  be  produced  for 
shipping,  as  also  what  are  the  comodities  imported, 
and  of  value  yearly  1 

15.  Whether  salt  petre  is  or  may  be  produced 
within  your  corporation,  and  if  so,  in  what  quan- 
tity, and  at  what  rates  it  may  be  dehvered  in 
England  ? 

16.  What  number  of  merchants  and  planters, 
English  or  foreigners,  servants  and  slaves,  and 
how  many  of  them  are  men  able  to  bear  arms  ? 

17.  What  number  of  English,  Scotch,  Irish 
or  foreigners  have  (for  these  7  yeares  last  past, 
or  for  any  other  space  of  time)  come  yearly  to 
plant  and  inhabit  within  your  corporation ;  and 
also  what  blacks  and  slaves  have  been  brought  in, 
within  the  said  time,  and  at  what  rates  ? 

18.  W^hat  number  of  whites,  blacks  or  mulat- 
tos have  been  born  and  christened  for  these  seven 
years  last  past,  or  any  other  space  of  time,  for  as 
many  years  as  you  are  able  to  state  an  acount  of? 

19.  What  number  of  marriages  for  seveii 
years  last  past,  or  any  other  time,  for  as  many 
years  as  you  are  able  to  state  an  account  of? 

20.  What  number  of  people  have  yearly  dyed 
within  your  Government,  for  seven  years  past,  or 
any  other  time,  for  as  many  years  as  you  are  able 
to  state  an  account  of? 

21.  What  estimate  can  you  make,  touching 
the  estates  of  the  severall  degrees  of  merchants 
and  planters  within  your  corporation ;  and  how 
you  may  compute  the  wealth  of  the  corporation 
in  generall  ? 

22.  What  number  of  ships,  sloops  or  other 
vessells  do  trade  yearly  to  and  from  your  Govern- 
ment, and  of  what  built  and  burthen,  and  whether 
there  be  any  belonging  to  the  country  ? 


Questions  and  Answers,  133 

23.  What  obstructions  do  you  find  to  the  im- 
provement of  the  trade  and  navigation  of  your 
Corporation  ? 

24.  What  advantages  and  improvements  do 
you  observe  that  may  be  gained  by  your  trade 
and  navigation  ? 

25.  What  Rates  and  Duties  are  charged  and 
payable  upon  any  goods  exported  out  of  your 
Government,  whether  of  your  own  groth  or  man- 
ufacture, or  otherwise,  as  also  upon  goods  import- 
ed ;  and  likewise  what  other  Revenue  doth  or  may 
arise  within  your  Corporation,  and  how  the  same 
are  applyed  &c.  ? 

26.  What  Perswasion  in  Religious  matters  is 
most  prevalent,  and  among  the  varieties  which  you 
are  to  express,  what  proportion  in  number  and 
quallity  of  people  the  one  holds  to  the  other  ? 

27.  What  course  is  taken  for  the  instructing 
of  the  People  in  the  Christian  Religion :  how  ma- 
nv  Churches  and  Ministers  are  there  within  your 
Government,  and  how  many  are  yett  wantmg  for 
the  accommodation  of  your  Corporation;  what 
provision  is  there  made  for  their  maintenance,  as 
also  for  relieving  poor  decayed  and  impotent  per- 
sons, and  whether  you  have  any  beggars  and  idle 
vagabonds  ? 

By  command  of  the  Right  Honnourable,  the 
Lords  of  his  Majesties  most  Honnourable  Privy 
Councill,  appointed  a  Committee  for  Trade  and 
Forreign  Plantations. 

WILLIAM  BLATHWAYT. 


12 


134  Questions  and  Answers, 


Answers  made  to  the  queries  aforegoing^  and  sent 
to  the  Right  Honnourahle  the  Lords  of  his  Ala- 
jesties  most  Honnourahle  Privy  Councill,  ap- 
pointed a  Committee  of  Trade  and  Plantations, 

1.  We  have  yearly  two  General  Courts,  ac- 
cording as  they  are  stated  in  his  Majesties  gracious 
charter,  granted  to  this  Colony.  We  have  two 
Courts  of  Assistants,  which  consist  of  the  Gover- 
nor and  six  Assistants,  which  are  for  the  tryall  of 
cappitall  oftences,  and  for  the  hearing  of  all  ap- 
peals, with  a  jury. 

Our  Colony  is  divided  into  four  Counties,  and 
in  each  County  there  are  two  County  Courts  an- 
nually, consisting  of  Magistrates,  with  a  Jury,  to 
heare  and  determine  all  actions  of  debts,  slander, 
and  of  the  case,  and  Criniinall  matters  of  lesser 
nature,  as  there  is  any  special  occasion  ;  the  Gov- 
ernour  calls  his  Assistants  who  are  his  Councill,  to 
meet  and  consider  of  such  matters  as  fall  in,  in  the 
intervall  of  the  Courts,  and  to  order  and  deter- 
mine the  same. 

2.  We  have  little  traffique  abroad,  and  small 
occasion  for  such  a  Court  and  so  have  not  consid- 
ered or  stated  any  such  Court  at  present  distinct 
from  the  rest,  but  it  is  left  with  the  Court  of  As- 
sistants. 

3.  The  Legislature  is  only  in  the  General  Court, 
and  the  Executive  in  those  Courts  appointed  as 
before. 

4.  We  have  herewith  sent  you  one  of  our 
Law  Books,  wherein  are  what  Laws  were  in  force 
when  we  printed  them,  since  which,  some  few  or- 
ders have  been  made,  but  are  not  yet  printed,  and 
so  have  not  sent  them  :  your  Lordships  may  please 
to  take  notice,  that  in  our  preface  to  our  Laws, 


Questions  and  Answers,  135 

we  say  we  have  been  carefull  not  to  make  any  re- 
pugnant to  the  Stattute  Laws  of  England,  so  farr 
as  we  understand  them,  professing  ourselves  al- 
ways ready  and  willing  to  receive  light  for  emen- 
dation or  alteration,  as  we  may  have  opportunity, 
what  we  then  said  is  our  present  purpose,  and  shall 
be  our  practice  as  occasion  requires.* 

*  Until  the  year  1672  the  laws  of  the  Colony  had  been 
kept  in  manuscript,  and  were  promulgated  by  sending  cop- 
ies of  them  to  the  several  towns  in  this  Colony.  At  the 
Session  of  the  General  Court  in  October  1672,  it  was  order- 
ed that  the  laws  of  the  Colony  should  be  printed  :  the  Book 
consisted  of  about  seventy-five  Folio  pages,  printed,  and 
about  the  same  number  of  blank  pages.  The  laws  that  were 
passed  after  the  printing  of  the  book,  were  inserted  in  wri- 
ting in  the  blank  pages  till  the  book  was  filled  up.  The 
Generall  Court  enacted  that  every  family  in  the  Colony 
should  purchase  one  of  the  books. 

Here  follows  a  copy  of  the  Act. 

"At  a  General  Court  held  at  Hartford,  October  10,  1672  : 

It  is  ordered  by  this  Court,  that  our  laws  shall  be  printed 
as  soon  as  may  be  conveniently,  the  copy  of  them  being 
viewed  and  approved  by  this  Court. 

It  is  also  ordered  that  every  family  in  the  several  planta- 
tions in  this  Colony,  shall  purchase  one  of  our  Law  Books  to 
keep  for  their  use,  and  the  constables  of  the  several  planta- 
tions are  to  see  that  this  order  be  duly  attended,  and  that  the 
books  are  paid  for  as  they  are  delivered,  either  in  silver  or 
wheat ;  those  that  pay  in  silver,  to  pay  twelve  pence  a  book  ; 
and  those  that  pay  in  wheat,  to  pay  a  peck  and  half  a  book, 
and  those  that  have  not  those  things  to  pay,  are  to  pay  two 
shillings  in  pease  for  a  book ;  pease  at  three  shillings  pr 
bushel,  all  to  be  delivered  at  the  County  townes  in  each 
County." 

It  appears  that  this  order  was  not  at  first  as  strictly  com- 
plied with  as  was  intended,  for  the  prmter  made  loud  com- 
plaints that  he  did  not  receive  punctual  payment  for  the 
Ijooks,  and  at  length  petitioned  the  General  Court  for  redress 
of  grievances  ;  whereupon  at  their  session  at  Hartford,  Oc- 
tober 1674,  the  following  order  was  passed. 

"October  8th,  1674. — The  printer  complayneing  that  he 
IS  not  payed  for  the  law  books  by  the  severall  constables  of 


136  Questions  and  Answers. 

5.  For  the  present,  we  have  but  one  Troop 
setled,  which  consists  of  about  sixty  Horss,  yet  we 
are  upon  raising  three  Troops  more,  one  in  each 
County,  of  about  40  Horss  in  each  Troop,  our  other 
forces  are  Trained  Bands,  there  is  a  Major  in  each 
County,  who  commands  the  MiHtia  of  that,  under 
the  Governour  for  the  time  being,  who  is  the  Gen- 
eral of  all  the  Forces  within  our  Colony,  the 
whole  amounts  to  2507  ;  the  names  of  our  seve- 
ral Counties  are : 

Hartford  County,  where  are  about  835  Trained 
Souldiers — New  Haven  County,  where  are  about 
623  Trained  Souldiers — New  London  County, 
where  are  about  509  Trained  Souldiers — Fair- 
field County,  where  are  about  540  Trained  Soul- 
diers— Total  2507  men. 

Our  Hossmen  are  armed  with  Pistols  and  Car- 
bines, the  Foot  Souldiers,  with  Muskett  and  Pike, 
for  the  present,  in  our  late  wars  with  the  Indians, 
we  found  Dragoons  to  be  the  most  usefull,  and 
therefore  improved  about  300  of  them  in  the  ser- 
vice to  good  success. 

6.  We  have  one  small  Fort  within  our  Colo- 
ny, which  is  at  the  mouth  of  Connecticott  River, 
at  a  place  called  Saybrook,  and  our  stores  of  Pro- 
sundry  of  the  plantations,  the  Court  orders  that  whatsoever 
constable  shall  neglect  to  bring-  in  the  pay,  due  for  the  law 
books  their  towne  hath  or  oug-ht  to  receive,  according-  to  for- 
mer order  to  the  County  Towne  of  their  County,  and  deliver 
the  same  to  the  persons  appoynted  in  the  sayd  Countyes  to 
receive  the  same,  one  month  after  publication  hereof,  shall 
forfeit  twenty  shillings,  and  so  twenty  shillings  a  month  till 
he  hath  accomplished  the  same.  The  Treasurer,  upon  com- 
playnt  made  of  the  breach  of  this  order,  is  to  grant  warrant 
to  levy  the  penalty  for  the  use  of  the  printer  ;  the  persons 
appoynted  to  receive  the  pay  for  the  printer  in  the  County 
Townes,  are  for  Hartford,  the  printer  himself,  for  New  Ha- 
ven, Mr.  John  Hudson,  for  Fayrefield,  Mr.  John  Burr,  for 
New  London,  Mr.  Joshua  Ravmond.'* 


Questions  and  Answer's.  137 

vision  are  but  slender,  we  having  Towns  about  it 
that  can  convey  Provisions  to  it  upon  all  occa- 
sions— other  good  Harbours  we  have,  and  one  es- 
pecially, at  a  Town  called  New  London,  former- 
ly called  Pequott,  near  which  the  English  of  Con- 
necticott  obtained  a  memorable  victory  over  the 
Pequotts,  the  first  and  most  fatall  blow  the  Indi- 
ans rec'd  from  the  English  in  New  England,  till 
the  late  warr  in  1675  and  1676.  The  Harbour 
lyeth  about  a  league  up  the  River,  where  the  Town 
is :  ships  of  great  burthen  may  come  up  to  Town 
and  lye  secure  in  any  winds,  where  is  great  need 
of  Fortification,  but  we  want  estate  to  make  For- 
tification, and  purchase  artillery  for  it,  and  we 
should  thankfully  acknowledge  the  favour  of  any 
benefactors  that  would  contribute  towards  the  do- 
ing of  something  towards  the  good  work. 

7.  It  is  rare  that  ever  there  comes  any  here  on 
those  dangerous  coasts,  only  about  two  years  agoe 
there  came  a  French  Captain  called  Lamoine, 
with  three  shipps,  one  of  which  wintered  at  New 
London,  and  in  the  spring  went  of  to  sea. 

8.  As  for  our  Indian  neighbours  in  this  Colo- 
ny, we  compute  them  to  be  about  500  fighting 
men,  as  for  our  neighbours  of  York,  Massachu- 
setts and  Plimouth,  we  suppose  they  are  to  an- 
swer to  the  same  questions,  and  know  better  what 
their  strength,  and  the  number  of  the  natives  is 
amongst  them  ;  as  to  the  French,  we  are  strangers 
to  them,  and  know  nothing  of  their  strength  or 
comerce.  Our  chief  trade  for  procureing  of  cloa- 
thing,  is  by  sending  what  Provisions  we  raise  to 
Boston,  where  we  buy  goods  with  it  to  cloath  us, 
the  trade  with  the  Indians  in  this  Colony  is  worth 
nothing,  for  by  reason  of  warrs  they  have  with 
other  remote  Indians,  they  gett  little  Peltry. 

9.  We  have  neighbourly  correspondence  with 

12* 


138  Questions  and  Answers, 

New  Plimouth,  and  the  Massachusetts,  and  since 
Sr  Edmund  Andross  is  come  to  York,  our  corres- 
pondence with  him,  is  not  hke  what  it  was  with  his 
predecessor  in  that  Government ;  as  for  Rhoad 
Island,  we  have  not  so  good  correspondence  with 
them  as  we  desire. 

10.  Our  Boundaries  are  expressed  in  our 
Charter.  As  to  the  number  of  acres  settled,  or 
unsettled,  or  how  much  is  manureable,  we  cannot 
guess,  the  country  being  a  mountainous  country, 
full  of  rocks,  swamps,  hills,  and  most  that  is  fit  for 
plantations  is  taken  up,  what  remains  must  be  sub- 
dued, and  gained  out  of  the  fire,  as  it  were,  by 
hard  blows  and  for  small  recompence. 

11.  Our  principall  Towns  are  Hartford,  upon 
Connecticott  River,  New  London,  upon  Pequott 
River,  New  Haven  and  Fairfield,  by  the  sea  side, 
in  wiiich  towns  is  managed  the  principall  trade  of 
the  Colony;  our  buildings  are  generally  of  wood, 
some  there  are  of  stone  and  brick,  many  of  them 
of  good  strength  and  comliness  for  a  wilderness, 
both  those  of  wood,  stone  and  brick. 

12.  We  have  twenty-six  small  Towns*  al- 
ready setled  in  our  Colony,  and  in  one  of  them 
we  have  two  Churches. 

13.  Between  the  Narragansett  River,  our  last 
Bounds,  and  Momoronack  Rivolett,  our  Western 
Bounds,  are  those  Rivers  following:  The  River 
of  Connecticott,  at  the  entrance  of  which  there 
is  but  about  10  or  12  foot  at  high  water,  vessels  of 
50  or  60  tunns,  sometimes  80  tunns  will  goe  up  60 
miles  in  that  River,  to  the  Town  of  Hartford,  but 
by  reason  of  flatts  and  falls,  they  cannot  goe  above 
6  miles  beyond  Hartford — New  London  or  Pe- 
quott River,  where  a  ship  of  500  tunns  may  go  up 

'^^  Rye  and  Bedford  were  included  in  this  nuraber. 


VEE 


Questions  and  Answers, 

to  the  Town,  and  come  so  near  the  shoar,  that  they 
may  toss  a  biskitt  on  shoar,  and  vessells  of  about 
30  tons  may  pass  up  about  twelve  miles  above 
New  London,  near  to  a  Town  called  Norwich — 
at  New  Haven  and  Fairfield,  ships  of  three  hun- 
dred tonns  or  bigger,  may  come  into  the  Har- 
bours— at  Guilford,  Milford,  Norwalk,  Stratford 
and  Rye,  vessells  of  about  30  or  40  tonns  may 
come  in,  and  they  are  pretty  good  Tide  Harbours. 

14.  The  commodities  of  the  country  are  wheat, 
peas,  rye,  barly,  Indian  corn,  and  pork,  beef,  wool, 
hemp,  flax,  cyder,  perry,  and  tarr,  deal  boards, 
pipe  staves,  horses  ;  but  to  say  the  yearly  value  of 
what  is  exported,  or  spent  upon  the  place,  we  can- 
not. The  most  is  transported  to  Boston,  and  there 
bartered  for  cloathing,  som  small  quantities  direct- 
ly sent  to  Barbadoes,  Jamacia  and  the  Carribbe 
Islands,  and  there  bartered  for  sugar,  cotton  wool 
and  rumm,  and  som  money;  and  now  and  then 
rarely  some  vessells  are  loaden  with  staves,  pease, 
pork  and  flower,  to  Madera  and  Ffyal,  and  then 
barter  their  comoditys  for  w^ine ;  we  have  no  need 
of  Virginia  trade,  most  people  planting  so  much 
tobacco  as  they  spend,  our  ^vheat  having  been 
much  blasted,  and  our  peas  spoiled  with  worms 
for  sundry  years  past,  our  trade  is  much  abated. 
For  the  materials  for  shiping,  here  is  good  timber, 
of  oak,  pine  and  spruce  for  masts,  oak  boards  and 
pine  boards,  tar,  pitch  and  hemp.  The  value  of 
the  comoditys  imported  yearly,  we  cannot  com- 
pute, but  possible  it  is  8000  or  9000  pounds. 

15.  We  have  no  Salt  Peter  raised  in  our  Colo- 
ny, neither  do  we  know  how  to  raise  it,  or  wheth- 
er here  be  the  materials  that  w411  make  it. 

16.  In  our  Colony  there  are  about  20  petty 
merchants,  som  trade  only  to  Boston,  som  to  Bos- 
ton and   the  Indias,  others  to  Boston  and  New 


140  Questions  and  Answers. 

York,  others  to  Boston,  the  Indias  and  Newfound- 
land. As  for  Forreigne  Merchants,  a  few,  and 
very  few  seldom  trade  hither ;  as  to  the  number 
of  Planters,  they  are  mcluded  in  our  train  bands, 
all  from  16  to  60,  being  to  bear  arms.  There  are 
but  a  few  Servants  amongst  us,  and  less  Slaves, 
not  above  30  as  we  judge  in  the  Colony. 

17.  For  Enghsh,  Scotch  and  Irish,  there  are 
so  few  come  in,  that  we  cannot  give  a  certain  ac- 
count, some  years  comes  none,  sometimes  a  fami- 
ly or  two  in  a  year,  and  for  Blacks,  there  comes 
sometimes  3  or  4  in  a  year  from  Barbadoes,  and 
they  are  sold  usually  at  the  rate  of  £22  a  piece, 
sometimes  more,  and  sometimes  less,  according  as 
men  can  agree  with  the  masters  of  vessells  or 
Merchants  that  bring  them  hither. 

18.  We  can  give  no  account  of  the  perfect 
number  of  either,  born,  but  few  Blacks,  and  but 
two  Blacks  christened,  as  we  know  of 

19.  We  can  give  no  perfect  account  of  it. 

20.  This  we  cannot  give  account  of,  but  as  to 
the  increase,  take  it  as  follow^eth: 

In  the  year,  1671,  our  number  of  men  was  2050. 
In  the  year  1676,  our  number  w^as  2303. 
In  the  year  1677,  our  number  w^as  2365. 
In  the  year  1678,  our  number  was  2490. 
In  the  year  1679,  our  number  was  2507. 

21.  As  to  the  Estates  of  the  Merchants,  we 
can  make  no  guess  of  them,  but  for  the  Estates  of 
the  Corporation  in  general,  it  doth  amount  to  about 
£110,788.  Houses  are  so  chargable  to  main- 
tain, that  they  are  not  valued  in  the  above  men- 
tioned sum. 

22.  It  is  rare  any  vessels  come  to  trade  with 
us,  but  what  come  from  Massachusetts  Colony  or 
New  York  ;  but  sundry  of  their  vessels  do  come 
and  transport  our  provision  for  our  Merchants  to 


Questions  and  Answers.  141 

Boston,  the  account  of  our  own  vessels  followeth  : 

In  Stamford  1  Pink,  80  ton,  and  1  Sloop,  10 
tonns. 

In  Stratford  1  Sloop,  12  tonns. 

In  Milford  1  Pink,  80  ton,  1  Bark,  12  ton,  1 
Ketch,  50  tons. 

In  New  Haven  1  Pink,  GO  ton,  1  Sloop,  30  ton, 
1  Ketch,  24  tonns,  and  1  Sloop  12  tonns,  and  1 
Sloop  8  tons. 

In  Brandford  1  Barque,  30  tonns. 

In  Kinnelworth  2  Sloops,  one  18,  one  14  tonns. 

In  Saybrook  2  small  Sloops. 

In  Middlctown  1  Ship,  70  tonns. 

In  Hartford  1  Ship,  90  tonns. 

In  Lyme  1  Ketch,  70  tonns.    ^ 

In  New  London  2  Ships,  1  70  tonns,  1  OOtonn?^ 
3  Ketches  about  50  tonns  a  piece,  2  Sloops,  15 
tonns  a  piece. 

In  Stonington  1  Sloop,  10  tonns. 

23.  The  want  of  men  of  Estates  to  venture 
abroad,  and  of  money  at  home,  for  the  manage- 
ment of  trade  and  labour,  beinaf  so  with  us. 

24.  If  so  be  that  Hartford,  New  London,  New 
Haven  and  Fairfield,  might  be  made  free  Ports  for 
20  or  15  years,  it  would  be  a  means  to  bring  trade 
there,  and  much  increase  the  navigation,  trade  and 
wealth  of  this  poor  colony. 

25.  We  take  no  duties  of  goods  exported  out 
of  our  Government,  nor  of  any  goods  imported, 
except  on  wine  and  liquors,  which  is  inconsider- 
able, and  improved  towards  the  maintenance  of 
free  schools. 

26.  Our  people  in  this  colony,  are  some  strict 
Congregationall  men,  others,  more  large  Congre- 
gational men,  and  some  moderate  Presbiterians  : 
and  take  the  Congregationall  men  of  both  sorts, 
they  are  the  greatest  part  of  people  in  the  colony  ; 


142         ^       Questions  and  Answers, 

there  are  4  or  6  sevenths  day  men,  and  about  so 
many  more  quakers. 

27.  Great  care  is  taken  for  the  instruction  of 
the  people,  in  the  Christian  Religion,  by  ministers 
Chattechising  of  them,  and  preaching  to  them 
twice  every  Sabbath  day,  and  sometimes  on  Lec- 
ture days,  and  so  by  masters  of  families,  instruct- 
ing and  chattechising  their  children  and  servants, 
being  required  so  to  do  by  law.  In  our  corpora- 
tion are  26  towns  as  aforesaid,  and  there  is  21 
Churches  in  them.  There  is  in  every  town  in 
our  colony  a  setled  minister,  except  it  be  in  two 
towns  new  begun,  and  they  are  looking  out  for  a 
minister  to  settle  amongst  them.  For  the  main- 
tenance of  the  ministers,  it  is  raised  upon  the  peo- 
ple by  way  of  rate,  and  it  is  in  some  places,  £lOO 
per  annum,  some  90,  some  80,  but  in  no  place 
less  than  50  pounds  per  annum,  as  we  know  of, 
and  so  the  proportion  raised,  is  according  as  the 
occasion  of  the  minister  calls  for  it,  and  the  peo- 
ples ability  will  allow.  For  the  poor  it  is  ordered 
that  thev  be  relieved  by  the  towms  where  thev 
live,  every  town  providing  for  their  own  poor,  and 
so  for  impotent  persons,  there  is  seldom  any  wants 
relief,  because  labour  is  dear,  viz.  2s  and  some- 
times 2s  6d  a  day,  for  day  labourers,  and  provis- 
ions cheap,  viz.  wheat  4s  per  bushell,  Winchester 
measure,  pease  3s  per  bushell,  indian  corne  2s  6d 
per  bushell,  pork  3d  per  pound,  beeif  2  l-2d  per 
pound,  butter  6d.  Beggars  and  vagabond  persons 
are  not  suffered,  but  when  discovered  bound  out 
to  service,  yett  sometimes  a  vagabond  person  will 
pass  up  and  down  the  country,  and  abuse  the  peo- 
ple with  fals  news,  cheat  and  steal,  but  w^hen  they 


Questions  and  Answers.  143 

are  discovered  they  are  punished  according  to 
their  offence. 

WILLIAM  LEET,  Governour. 
Pr.  order,  John  Allyn,  Sec'ry. 
Hartford,  July  15th,  1680. 


These  for  Mr.  Blatliwayte,  Esq.  at  the  Plantation 
office  at  White  Hall,  pr.  him  to  he  delivered  to 
the  Right  Hon^ble,  the  Lords  of  his  Ma' ties  most 
Hon'hle  Privy  Councill. 

Right  Ho:x'ble — 

Your  letter  of  the  1st  day  of  August  1679,  we 
have  received,  and  it  is  greatefully  accepted  pr. 
us,  that  such  hon'ble  personages  as  yourselves  are 
pleased  to  take  notice  of  us,  your  honours  poor 
countrymen,  in  so  remote  a  part  of  this  wilderness, 
and  that  you  are  so  studious  to  promoate  the 
publique  good,  we  have  returned  a  brief  answer 
to  those  questions  your  honors  have  been  pleased 
to  require  an  answer  of  us,  which  with  all  plainess 
and  truth,  charitableness  be  acceptable  to  your 
hands,  you  may  farther  please  to  understand,  that 
we  are  but  a  poor  people,  we  have  lost  and  spent 
much  of  o'r  estates  in  the  last  Indian  war  o'r  ex- 
pences  w'th  o'r  loss  cannot  be  estimated  less  than 
£30,000,  and  no  other  advantage  gayned  by  it 
than  the  riddance  of  some  of  o'r  bad  neighbours  ; 
in  o'r  answers  you  will  understand  o'r  way  of  live- 
ing,  for  the  most  part,  we  labour  in  tilling  the 
ground,  and  by  that  time  a  yeares  travels  and 
labour  hath  gathered  some  small  parcell  of  pro- 
vision, it  is  transported  to  the  market  at  Boston, 
and  halfe  a  crown  will  not  buy  so  much  goods  of 
any  sort  as  18  pence  will  in  England  ;  besides  for 


144  Questions  and  Answers, 

sundry  years  past  the  holy  providence  of  God  hath 
smitten  us  year  after  year,  with  blastings  and 
mildues,  whereby  we  have  lost  the  great  part  of 
our  wheat  every  yeare,  and  these  3  or  4  last 
years,  there  is  a  worme  breads  in  o'r  pease  which 
doth  much  damnify  them,  so  that  we  are  like, 
(by  reason  of  o'r  losses  at  home  and  the  heighten- 
ed price  of  goods  from  abroad)  to  remaine  a  poor 
but  loyall  people,  and  we  humbly  request  your 
honours  to  represent  us  to  his  sacred  Ma'tie  and 
if  by  your  Lordships  mediation  his  Ma'tie  be 
pleased  to  cast  any  rayes  of  his  favour  upon  us, 
and  grant  unto  us  that  New  London,  or  some 
other  of  our  Ports  might  be  made  free  Ports  for 
20  or  15  or  10  yeares,  it  would  be  a  great  means 
to  move  men  of  estates  to  trade  and  settle  there, 
it  would  bring  trade  hither,  so  that  the  wealth  of 
this  his  Ma'ties  colony  would  be  encreased  and 
his  Ma'tie  in  the  conclusion  receive  no  damage 
thereby ;  Right  hon'ble  we  request  your  pardon 
for  o'r  boldness  herein,  and  desire  that  we  may 
enjoy  your  favours,  and  that  you  would  graciously 
be  pleased  so  to  tenderness  as  that  we  may  be 
upheld  under  your  honours  shaddow  in  the  full 
injoyment  of  all  those  priviledges  and  immunities 
his  Ma'tie  hath  been  pleased  to  grant  unto  us,  and 
for  your  honour,  we  shall  ever  pray  and  remayne 
your  honours  most  obedient  and  dutifull  servants, 
the  Govr.  and  Councill  of  Connecticott. 

WM.  LEET,  Govr. 
Hartford,  July  15,  1680. 


Order  from  Lords  of  the  Council.         14S 

An  order  qf  the  Lords  of  the  Privy  Council,  for 
apprehending  William  Kelso, 

Att  the  Court  at  White  Hall,  ) 

this  22(1  day  of  March,  1681.  \ 

By  the  Right  Honnourable,  thi:  Lords 

OF  HIS  Majesties  Privy  Councill-^ 

Upon  reading  this  day,  at  the  board,  the  annexed 
copy  of  a  deposition  of  Francis  Branson,  com- 
mander of  the  ship  Anne  and  Hester,  setting  forth 
that  one  WilHam  Kelso,  Chirrurgeon  of  the  said 
ship,  did  in  his  way  hence  to  New  England,  con- 
fesse,  (in  the  presence  and  hearing  of  the  deponent) 
that  he  was  Chirurgeon  Generall,  in  the  late  re- 
bellion in  Scotland,  and  likewise  give  out  suspi- 
cions words,  as  if  he  had  likewise  been  concerned 
in  the  horrid  and  barbarous  murder  of  the  late 
Arch  Bishop  of  St.  Andrews.  It  was  this  day 
ordered  by  their  Lordships  in  Councill,  that  the 
Right  Honnourable  Secretary  Jenkins,  (upon  pe- 
rusall  of  the  said  deposition,)  prepare  letters  for 
his  Majesties  Royall  signature,  requiring  anjl 
commanding  the  Governours  or  Commanders-in- 
Chief  of  his  Majesties  severall  colonys,  in  New 
England,  forthwith  to  cause  the  said  William 
Kelso  to  be  apprehended,  and  sent  over  hither  in 
safe  custody  by  the  first  shipps,  in  order  to  his 
being  proceeded  against  for  the  said  crimes  ac- 
cording to  law. 

PH:  LLOYD. 


13 


146  Letter  from  Charles  II. 


A  Letter  from  his  Majesty  Charles  2d,  to  the  GoV' 
ernor  and  Councill  of  the  Province  of  Connec- 
ticutf  in  relation  to  the  Province  of  New  Hamp- 
shire, ^'C. 

Charles  R. 

Trusty  and  well  beloved,  we  greet  you  well :— - 
Whereas  we  have  thought  fitt  to  take  the  Govern- 
ment of  our  province  of  New  Hampshire,  into  our 
immediate  care,  and  have  for  the  better  protec- 
tion of  the  inhabitants  thereof,  constituted  and 
appointed  our  trusty  and  w  ell  beloved  Edward 
Cranfield,  Esqr.  our  Lieut.  Governour  and  Com- 
mander-in-Chief of  that  Province,  with  especiall 
directions  among  other  things  to  be  ayding  and 
assisting  to  the  best  of  his  powers,  and  with  the 
forces  under  his  command,  unto  our  loveing  sub- 
jects of  the  neighbouring  colonies  within  our 
dominions  of  New  England,  and  perticularly  to 
our  colony  of  Connecticutt,  in  case  of  any  insur- 
rection or  rebellion,  or  if  any  attempt  or  invasion 
of  any  of  our  enemies,  w^hereby  our  subjects  may 
be  annoyed  or  disturbed  in  the  quiet  and  peace- 
able enjoyment  of  their  properties  and  estates,  we 
are  therefore  pleased  hereby  to  signifie  the  same 
unto  you,  as  an  effect  of  our  gracious  disposition 
for  the  security  and  benefitt  of  our  colony  under 
your  Government,  and  to  lett  you  understand  that 
we  doe  in  the  same  manner  expect  and  require 
that  a  mutual  assistance  be  readily  given  by  you, 
and  our  said  colony  of  Connecticott,  unto  the  said 
Edward  Cranfield,  and  our  good  subjects  inhabit- 
ing within  the  Government  wherewith  he  is  in- 
trusted, if  the  like  invasion  or  attempt  shall  at 
any  time  be  made  upon  them  by  any  people  or 


Letter  from  Charles  11.  14t 

nation  whatsoever,  whether  Indians  or  others,  and 
that  you  afford  them  on  such  occasion,  such  num- 
ber of  forces,  and  other  aid,  as  the  condition  of 
our  colony  under  your  direction  shall  permitt, 
which  we  will  esteeme  an  acceptable  service  unto 
uss,  as  it  will  much  conduce  to  the  common 
safety  and  preservation  of  ail  our  subjects  afore- 
said, and  so  we  bid  you  farewell. 

Given  at  our  Court  at  Windsor,  the  5th  day  of 
June,  1682,  in  the  four  and  thirtieth  year  of  our 
Reigne. 

By  his  Majesties  Command, 

L:  JENKINS. 

To  our  trusty  and  well  beloved,  the  Governour 
and  Councill  of  our  colony  of  Connecticott,  in 
New  England,  now  and  for  the  time  being. 


A  Letter  from  his  Majesty  Charles  2d,  icith  orders 
to  appr^ehend  William  Kelso, 

Charles  R. 

Trusty  and  well  beloved,  we  greet  you  well : — 
You  will  see  by  an  affidavit  whereupon  an  order 
of  Councill  hath  been  made,  (copies  of  both  which 
are  herewith  sent  you)  one  William  Kelso,  Chir- 
urgeon  of  the  ship  Anne  and  Hester,  did  in  his 
voyage  to  New  England,  confesse  that  he  had  been 
Chirurgeon  Generall  to  the  forces  engaged  in  the 
late  rebellion  in  Scotland,  having  also  given  out 
suspicious  words  as  if  he  had  been  concerned  in 
that  horrid   and   barbarous   murder  of  the  late 


148  Letter  from  Charles  IT. 

Arch  Bishop  of  St.  Andrews,  which  we  hold  our- 
self  by  the  laws  of  God  and  man  to  prosseeute 
upon  all  those  that  shall  be  found  guilty  thereof: 
we  do  therefore  require  and  command  you  forth- 
with to  cause  dilligent  search  to  be  made  through- 
out all  your  Government  for  the  said  WiUiam 
Kelso,  and  being  found,  to  cause  him  to  be  appre- 
hended, and  sent  over  thither  in  safe  custody,  by 
the  first  shipps  bound  from  thence  to  England,  in 
order  to  his  being  proceeded  against  for  the  said 
crimes  according  to  law  :  Hereof  you  are  not  to 
faile  as  you  tender  our  displeasure  ;  and  so  we  bid 
you  farewell. 

Given  at  our  Court,  at  White  Hall,  the  S^Oth  day 
of  September,  1682,  in  the  four  and  thirtieth  year 
of  our  Reigne. 

By  his  Majesties  Command, 

L.  JENKINS. 

To  our  trusty  and  well  beloved,  the  Governour 
and  Councill  of  our  colony  of  Connecticott,  in 
New"  England. 


t    1 


Letter  from  his  Majesty   Charles  2d,  relative  to 
Privateers  and  Pirates. 

Charles  R.. 

Trusty  and  well  beloved,  wee  greet  you  well : — 
Whereas  we  are  informed  of  great  disorders  and 
depredations,  daily  committed,  to  the  prejudice  of 
our  allyes,  contrary  to  treaty  between  us,  and  a 
good  correspondence  that  ought  to  be  maintained 


Letter  from  Charlies  11.  149 

between  Christian  Princes  and  States.  And  we 
haveing  already  given  strict  order  in  our  Island  of 
Jamaica,  against  such  illegall  proceedings,  by 
passing  a  law  for  restraining  and  punishing  Pri- 
vateers and  Pyrates  ;  our  will  and  pleasure  is, 
that  you  take  care  that  such  a  law,  (a  copie  where- 
with is  sent  you)  be  passed  within  our  colony, 
under  your  Government,  which  you  are  to  certifie 
unto  us  by  the  first  opportunity.  And  so  w^e  bid 
you  heartily  farewell. 

Given  at  our  Court  at  New  Markett,  the  8th 
dav  of  March,  1683. 

Bv  his  Majesties  command. 

L.  JENKINS. 

To  our  trusty  and  well  beloved,  our  Governour 
and  company  of  our  colony  of  Connecticott,  in 
New  England,  in  America. 


An  act  for  the  restraining  and  punishing  Priva- 
teers and  Pyrates. 

Whereas  nothing  can  more  contribute  to  his 
sacred  honnour,  than  that  such  articles  as  are  con- 
cluded and  agreed  on,  in  all  treaties  of  peace, 
should  by  all  his  Majesties  subjects,  according  to 
their  duty,  be  most  inviolably  preserved  and  kept, 
in  and  over  all  his  Majesties  dominions  and  terri- 
tories ;  and  whereas  not  only  against  such  treaties 
of  peace,  made  by  his  Majesty  with  his  allies,  but 
also  contrary  to  his  Majesties  Royall  Proclamation, 
severall  of  his  subjects  have  and  do  continually 
go  off  from  this  colony  into  foreign  Princes  ser- 
vices, and  sail  under  their  commissions,  contrary 
to  their  duty  and  good  allegiance,  and  by  fair 
meanes  cannot  be  restrained  from  so  doing. 

13* 


150  Letter  from  Charles  IL 

Be  it  therefore  enacted  by and 

it  is  hereby  enacted  by  the  authority  of  the  same, 
that  from  and  after  publication  hereof,  it  shall  be 
fellony  for  any  person,  which  now  doth,  or  within 
four  years  last  past,  heretofore  hath,  or  hereafter 
shall  inhabitt  or  belong  to  this  colony,  to  serve  in 
America,  in  a  hostile  manner,  under  any  foreign 
Prince,  State  or  Potentate,  or  any  imployed  under 
any  of  them,  against   any  other  foreign  Prince, 
State  or  Potentate,  in   amity  with  his  Majesty, 
without  special   lycense  for  so  doing,  under  the 
hand  and  seal  of  the  Governour  or  Commander- 
in-chief  of  this  colony,  for  the  time  being,  and  that 
all  and  every  offender  or  offenders,  contrary  to 
the  true  intent  of  this  act,  being  thereof  duly  con- 
victed in  any  of  his  Majesties  Courts  of  Judicature 
within  this  colony  :    To  which  Court  authority  is 
hereby  given  to  hear  and  determine  the  same,  as 
in  other  cases  of  fellony,  shall  suffer  pains  of  death 
without  the  benefitt  of  the  clergy  :   Provided  nev- 
ertheless, that  this  act,  nor  any  thing  therein  con- 
tained, shall  extend  to   any  person  or  persons, 
which  now  are,  or  have  been  in  the  service  orim- 
ployment  of  any  forreign  Prince,  State  or  Poten- 
tate whatsoever,  that  shall  return  to  this  Colony 
and  leave  and  desert  such  service  and  employment 
before  the  first  day  of  January  next  ensuing,  ren- 
dering themselves  to  the  Governour  or  Comman- 
der in  Chief  for  the  time  being,   and  giveing  him 
such  security  as  he  shall  appoint  for  their  future 
good  behaviour  ;  and  also  that  they  shall  not  de- 
part this  Colony  without  the  Governours  leave. 

And  for  the  better  and  more  speedy  execution 
of  Justice  upon  such,  who  having  comitted  Trea- 
sons, Piracies,  Fellonies  and  other  offences  upon 
the  sea,  shall  be  apprehended  in,  or  brought  Pris- 
oners to  this  Colony ;  be  it  further  enacted,  by  the 


Letter  from  Charles  IL  151 

authority  aforesaid,  that  all  Treasons,  Fellonies, 
Piracies,  Robberies,  Murthers  or  confederacies 
comitted,  or  that  shall  hereafter  be  comitted  upon 
the  Sea,  or  in  any  Haven,  Creek  or  Bay,  shall  be 
inquired,  tryed,  heard,  determined  and  judged  with- 
in this  Colony,  in  such  like  forme,  as  if  such  of- 
fence had  been  comitted  in  and  upon  the  land ;  and 
to  that  end  and  purpose  comissions  shall  be  had 
under  the  Kings  great  Seal  of  this  Colony,  direct- 
ed to  the  Judge  or  Judges  of  the  Admiralty  of  this 
Colony  for  the  time  being,  and  to  such  other  sub- 
stantial! persons,  as  by  his  Majesties  Governour  or 
Commander  m  Chief  of  this  Colony  for  the  time 
being,  shall  be  named  or  appointed,  which  said 
commissioners  or  such  quorum  of  them,  as  by  such 
commission  shall  be  thereunto  authorized,  shall 
have  full  power  to  do  all  things  in  and  about  the 
inquiry,  hearing,  determining,  adjudging  and  pun- 
ishing of  any  of  the  crimes  and  offences  aforesaid, 
as  any  comissioners  to  be  appointed  under  the 
great  Seal  of  England,  by  vertue  of  a  Statute 
made  in  the  twenty  eighth  year  of  the  Reign  of 
King  Henry  8th,  are  impowered  to  do  and  exe- 
cute within  the  Kingdom  of  England ;  and  that 
the  said  offenders  which  are,  or  shall  be  appre- 
hended in,  or  brought  prisoners  to  this  Colony, 
shall  be  lyable  to  such  order,  process,  judgments 
and  executions,  by  vertue  of  such  comission  to  be 
grounded  upon  this  act,  as  might  be  awarded  or 
given  against  them,  if  they  were  proceeded  against 
within  the  Realm  of  England,  by  vertue  of  any 
comission,  grounded  upon  the  said  Stattute.  And 
all  tryalls  hereafter  had  against  criminall  or  crim- 
inals before  any  Judge  or  Judges,  by  vertue  of 
such  comission  or  authority  at  any  time  hereto- 
fore granted,  and  all  proceedings  thereupon  are 
hereby  ratified,   confirmed  and   adjudged  lawful), 


152  Letter  from  Charles  II. 

and  all  such  Judges,  with  all  and  every  the  inferi- 
our  officers  that  have  acted  thereby,  are  hereby 
indemnified  to  all  intents  and  purposes  whatsoev- 
er, and  in  case  they  or  any  of  them  shall  at  any 
time  hereafter  be  sued,  vexed,  molested  or  troub- 
len  for  any  such  their  proceedings  as  aforesaid,  he 
or  they  so  sued,  vexed  or  molested,  shall  plead  the 
general  issue,  and  give  this  act  in  evidence.  Any 
Law,  Statute  or  custome  or  usage  to  the  contrary 
in  any  wise  notwithstanding. 

And  be  it  further  enacted  by  the  authority  afore- 
said, that  all  and  every  person  or  persons  that 
shall  any  way  knowingly,  entertain,  harbour,  con- 
ceal, trade  or  hold  any  correspondence  by  letter  or 
otherwise,  with  any  person  or  persons,  that  shall 
be  deemed  or  adjudged  to  be  Privateers,  Pirates 
or  other  offenders  within  the  construction  of  this 
act,  and  that  shall  not  readily  endeavour,  to  the 
best  of  his  or  their  power  to  apprehend  or  cause 
to  be  Apprehended  such  offender  or  offenders,  shall 
be  liable  to  be  prosecuted  as  accessaries  or  con- 
federates, and  to  suffer  such  pains  and  penalties 
as  in  such  case  by  law  is  provided.  And  for  the 
better  and  more  effectuall  execution  of  this  act, 
Be  it  further  enacted  by  the  authority  aforesaid, 
that  all  comission  officers  in  their  severall  precincts 
within  this  Colony,  are  hereby  required  and  im- 
powered,  upon  his  or  their  knowledge,  or  notice 
given,  that  any  Privateers,  Pirates  or  other  per- 
sons suspected  to  be  upon  any  unlawfull  designe, 
are  in  any  place  within  their  respective  precincts, 
to  raise  and  levy  such  a  number  of  well  armed 
men,  as  he  or  they  shall  think  needfull  for  the  sei- 
zing upon,  binding  and  carrying  to  Goal,  all  and 
every  such  person  or  persons  ;  and  in  case  of  any 
resistance  or  refusall  to  yield  obedience  to  his  Ma- 
jesties authority,  it  shall   be  lawful]  to  kill  or  de- 


Commission  to  Edward  Cranfield  and  others.  1 53 

stroy  such  person  or  persons,  and  all  and  every 
person  or  persons,  that  shall  oppose  or  resist  by 
strikeing  or  fireing  upon  any  of  the  comanded 
parties,  shall  be  deemed,  taken  and  adjudged  as 
lellons  without  benefitt  of  the  Clergy ;  and  every 
such  officer  that  shall  omitt  or  neglect  his  duty 
therein,  shall  forfeit  fifty  pounds  currant  money  of 
this  Colony  for  every  such  offence,  to  be  recover- 
ed in  any  of  his  Majesties  Courts'of  Record  with- 
in this  Colony,  by  bill,  plaint  or  information,  where- 
in no  Essoigne,  wager  of  Law  or  protection  shall 
be  allowed,  one  moiety  thereof  to  be  to  our  Sov- 
reigne  Lord  the  King,  his  heirs  and  successors  for 
and  towards  the  support  of  the  government  of  this 
Colony,  and  the  contingent  charges  thereof;  and 
the  other  moietv  to  the  informer,  and  all  and  eve- 
ry  person  or  persons  that,  upon  orders  given  him 
or  them,  shall  refuse  to  repair  immediately,  with 
his  or  their  arras  well  fixed,  and  ammunition,  to 
such  place  or  places  as  shall  be  appointed  by  the 
said  officer,  and  not  readily  obey  his  comands  in 
the  execution  of  the  premises,  shall  be  liable  to 
such  fine  or  corporall  punishment  as  by  a  Regi- 
mentall  Court  Marshall,  shall  be  thought  fitt. 


His  Majesties  Commission  to  Edward  Cranfield 
and  others,  for  examining  the  several  claims  and 
titles  to  the  Narraganset  country. 

Charles  R. 

Charles  the  second  by  the  Grace  of  God,  King 
of  England,  Scottland,  France  a.nd  Ireland,  defeu- 


154  Commission  to  Edward  Cranfield  and  others, 

der  of  the  faith  (fee.  To  our  trusty  and  well  be- 
loved Edward  Cranfield  Esqr,  our  Lieut.  Govern- 
our  and  Commander  in  Chief  of  New  Hampshire, 
and  to  William  Stoughton,  Joseph  Dudley,  Ed- 
ward Randolph,  Samuel  Shrimpton,  John  Fitz 
Winthrop,  Edward  Palmes,  John  Pynchon  Junior, 
and  Nathaniel  Saltonstall  Esqrs,  Greeting. — 
Whereas  for  the  quieting  of  all  disputes  that  have 
arisen  concerning  the  right  of  propriety  to  the 
Jurisdiction  and  soyle  of  a  certain  tract  of  land 
within  our  Dominion  of  New  England,  called  the 
Kings  Province,  or  Narraganset  country,  we  have 
thought  fitt  to  cause  strict  enquiry  to  be  made  into 
the  severall  titles  and  pretensions  which  are  claim- 
ed or  challenged  thereunto  ;  know  ye  therefore 
that  we  reposeing  cspeciall  trust  and  confidence 
in  the  prudence,  fidelity,  and  circumspection  of 
you  the  said  Edward  Cranfield,  William  Stough- 
ton, Joseph  Dudley,  Edward  Randolph,  Samuel 
Shrimpton,  John  Fitz  Winthrop,  Edward  Palmes, 
John  Pinchon,  Nathaniel  Saltonstall,  have  assign- 
ed, ordamed,  constituted  and  appointed,  and  do  by 
these  presents,  assign,  ordain,  constitute  and  ap- 
point you  the  said  Edward  Cranfield,  William 
Stoughton,  Joseph  Dudley,  Edward  Randolph, 
Samuel  Shrimpton,  John  Fitz  Winthrop,  Edward 
Palmes,  John  Pinchon  Junior,  and  Nathaniel  Sal- 
tonstall, to  be  our  Commissioners  for  examining 
and  enquiring  into  the  respective  claims  and  titles, 
as  well  of  our  self,  as  of  all  persons  or  corpora- 
tions whatsoever,  to  the  immediate  Jurisdiction, 
Government  or  propriety  of  the  soyle  of,  or  with- 
in our  Province,  commonly  called  the  Kings  Prov- 
ince, or  Narraganset  country,  authorizing  and  im- 
poweringyou,  or  any  three  of  you,  (whereof  Ed- 
ward Cranfield  or  Edward  Randolph  aforesaid, 
shall  be  of  the  Quorum,)  to  examine  and  enquire 


Warrant  for  William   Kelso,  155 

into  the  severall  titles  abovementioned,  and  to  sum- 
mon and  call  before  you  any  person  or  persons, 
and  to  search  Records  as  you  shall  find  requisite 
for  your  information  in  this  behalf,  as  also  to  take 
examinations  upon  oath,  (which  the  Governours 
or  Magistrates  under  whose  respective  Jurisdic- 
tion you  shall  meet,  are  hereby  required  and  direct- 
ed to  administer  unto  such  person  or  persons, 
whom  you  shall  so  think  fitt  to  call  before  you)  for 
clearing  of  truth  in  the  cases  abovementioned ; 
and  your  proceedings  herein,  with  your  opinions 
upon  the  matters  that  shall  be  examined  by  you, 
you  are  to  state  and  report  unto  us  with  all  conve- 
nient speed,  to  the  end  we  may  upon  a  finall  de- 
termination in  our  Privy  Councill,  cause  impartiall 
justice  to  be  don  and  executed  where  it  shall  ap- 
pear to  belong.  And  so  we  bid  you  farewell — 
From  our  Court  at  White  Hall,  the  seventh  day 
of  Aprill,  in  the  five  and  thirtieth  year  of  our 
Reigne.     By  his  Majesties  command. 

SUNDERLAND. 
Aprill  7th,  1683. 


A  Warrant  for  the  apprehension  of  William  Kelso. 

To  Hartford  Constables — 

Whereas  his  Majestic  Charles  the  2d  of  Eng- 
land, Scotland,  France  and  Ireland,  King,  Defend- 
er of  the  fayth  &c.,  by  his  Royall  Letters,  dated 
the  30th  of  September  1682,  hath  commanded 
that  forthwith,  search  be  made  after  one  Wm. 
Kelso,  whoe  of  late  hath  been  chirurgeon  of  the 


1 56  Wmrant  for  William  Kelso, 

ship  Ann  and  Hester,  whoe  is  suspected  to  be 
guilty  of  being  concerned  in  the  late  Rebellion  in 
Scotland,  and  of  the  death  of  the  Arch  Bishop  of 
St.  Andrews,  and  that  the  sayd  Wm.  Kelso  be 
apprehended  and  sent  over  to  England  by  the 
first  ship  bound  thither. 

These  are  therefore,  in  his  Maj'ties  name  to  will 
and  require  you  forthwith  upon  sight  hereof,  to 
make  dilligent  search  for  the  sayd  Wm.  Kelso, 
throughout  your  liberties,  and  on  board  any  ships 
or  vessells  in  your  Harbour,  and  if  you  can  find 
him,  you  are  to  seize  him  and  in  safe  custody  to 
convey  him  to  the  common  Goale  in  Hartford, 
there  to  be  secured,  till  he  may  be  disposed  of  ac- 
cording to  his  Ma'ties  pleasure  in  his  said  Letters 
expressed  ;  hereof  you  are  not  to  fayle  at  your 
perill. 

JOHN  ALLYN,  Secretary. 

Hartford,  June  15th,  1683. 

According  to  this  Warrant,  we  have  made 
search  throughout  the  liberties  of  this  Towne  of 
Hartford,  for  the  sayd  Wm.  Kelso  above  mention- 
ed, and  cannot  find  nor  hear  of  him.  June  19th, 
1683. 

By  JOHN  SHEPARD, 
JOHN  PRATT, 
Constables  of  Hartford. 


Letter  from  Duke  Hamilton.  157 


Edward  Randolph's  Letter  of  Attorney  from  WilU 
iam  Duke  Hamilton,  SfC^ 

Know  all  men  by  these  presents,  that  wee  Will- 
iam, Duke  of  Hamilton,  and  Ann,  Dutchess  of 
Hamilton,  and  James,  Earle  of  Aran,  Son  and 
Heir  to  the  said  William  and  Ann,  and  Grand- 
Child  to  James,  Marquess  of  Hamilton,  all  of  the 
Kingdome  of  Scotland,  have  and  hereby  do  joint- 
ly and  severally  constitute  and  appoint  Edward 
Randolph  of  Boston,  New  England,  Esqr,  our  law- 
full  Attorney  for  uss,  and  in  our  names  and  use  to 
ask,  and  demand  and  sue  for  all  Lands  and  Is- 
lands, Houses  and  tenements  lying  and  being  in 
the  Colony  and  Plantation  of  New  Enorland  ;  with 
full  power  to  sue  for  and  recover  all  Right,  Title 
and  Interest  that  wee  or  any  of  uss  have,  or  may 
have  to  the  said  Lands,  Islands,  Houses  and  tene- 
ments. And  wee  do  further  impower  our  said 
Attorney  to  act  in,  and  manage  all  matters  rela- 
ting to  the  recovery  and  quiet  enjoyment  of  the 
said  Lands  and  premises.  And  wee  do  further 
impower  our  said  Attorney  to  make  and  consti- 
tute one  or  more  Attorney  or  Attorneys,  and  at 
pleasure  to  revoake  any  .  or  all  of  them  ;  giving 
and  granting  to  our  said  Attorney,  and  his  substi- 
tute or  substitutes,  full  power  and  authority,  to  do 
and  conclude  all  other  acts  and  things  needfull  to 
be  don,  in  and  about  the  Premises,  in  as  full  and 
as  ample  manner  as  if  we,  or  any  of  us  were  per- 
sonally present,  ratifieing  and  confirming  all  and 
whatsoever  our  said  Attorney  shall  doe  or  cause  to 
be  don  in  and  about  the  premises,  by  vertue  of 
these  presents.  In  witness  whereof,  we  the  said 
William,  Ann  and  James,  have  hereunto  sett  our 

14 


158  Report  of  Commissioners, 

hands  and  Seals,  at  Hamilton,  in  Scotland,  the  six- 
teen, and  London  the  30,  days  of  July,  1683. 

HAMILTON,   f^t 

HAMILTON,   t''? 

ARAN.  f ''t 

In  the  presence  of 

Ja.  Hamilton, 
Da.  Crauford, 

Witnesses  to  the  Duke  and  Dutchess  Signing. 

And  in  presence  of 

Robert  Meldvinn, 
William  Hamilton, 

Witnesses  to   the  Earle   of  Aran,  Signing  and 
Sealing. 


The  Report   of  his   Majesties    Commissioners   to 
King,  concerning  the  Duke  Hamilton's  claim. 

As  a  further  addition  to  our  report,  we  humbly 
offer  that  since  the  close  of  your  Majesties  Com- 
ission,  Mr.  Edward  Randolph  ariving  and  signify- 
ing his  power  in  behalf  of  his  Grace  the  Duke  of 
Hamilton,  to  make  claime  to  the  Kings  Province 
or  Narragansett  country,  wee  have  again  convee- 
ned  and  summoned  so  many  of  the  proprietors  as 
could  in  so  short  a  time  assemble,  and  in  their 
presence  and  hearing  have  read  a  copy  of  the 
Dukes  Deed,  and  heard  Mr.  Randolphs  pleas  and 


Reply  to  Duke  Hamilton's  Petition,       159 

improvements  thereon  and  finde  it  takes  in  some 
part  of  the  said  Province  or  Narraganset  country, 
and  have  also  received  the  answer  and  defence  of 
said  proprietors,  which  we  herewith  humbly 
transmitt  and  submitt  to  your  Majesties  consider- 
ation, and  have  also  ordered  copies  of  the  Dukes 
deed  and  proprietors  pleas  to  be  sent  to  the  colony 
of  Connecticut,  to  the  end  they  may  have  oppor- 
tunity by  the  first  conveyance  to  make  their  an- 
swer and  defence  before  your  Majestic. 

EDWARD  CRANFIELD. 
November  19th,  1683. 


The  reply  made  hy  the  Governor  and  Council  of 
the  Colony  of  Connecticut  to  Duke  Hamilton's 
Petition* 

That  it  appears  not  whether  the  coppie  pre- 
sented, be  drawn  from  a  deed  ratified  by  the 
great  Councill  of  Plymouth,  according  to  the  di- 
rection of  their  Charter,  or  whether  from  a  rough 
draught  never  sealed,  the  date  being  but  a  short 
time  before  the  dissolution  of  the  Councill.  But 
if  the  Dukes  deed  were  authentick,  the  ends  aim- 
ed at,  and  propounded  in  the  Kings  Charter  to 
the  Councill,  and  the  consideration  upon  which  all 
their  grants  were  founded,  viz.  propagating  the 
Gospell,  and  planting  colonies  to  the  inlargement 
of  his  Majesties  empire,  have  not  been  pursued 
by  the  Duke,  neither  hath  he  made  any  purchase 
from  the  natives,  nor  ever  taken  possession,  or 
made  any  legal  claime,  or  notification  of  his  pre- 
tentions. 


160  Death  ef  Charles  II,  ^c. 

That  we  suppose  the  Lord  say  and  Brooks 
deed  or  Pattent,  from  the  Councill  of  Plymouth, 
bears  date,  Anno  1631,  (or  preceeds  the  Dukes,) 
and  includes  great  part  of  what  is  claimed  by  the 
Duke. 

That  the  Dukes  pretentions  being  not  known, 
his  Majestys  subjects  to  the  inlargement  of  his 
empire,  have  purchased  the  natives  right,  and  se- 
curity of  his  Majesties  Letters  Pattents  to  Connec- 
ticutt,  and  incouragement  of  his  Gracious  Letters 
to  the  Colony,  the  Country  hath  been  planted, 
and  with  great  expence  improved,  and  that  his 
Majesties  subjects  have  been  engaged  in  and  un- 
dergone a  chargable  and  bloody  warr,  to  secure 
their  right  and  expell  the  Heathen,  the  Duke  the 
mean  while  giving  no  aid  nor  any  ways  con- 
cerned. 

That  the  Dukes  title,  if  his  deed  had  been  good, 
failes  by  the  Statute  of  Limitation,  21,  Jac.  16,  he 
not  pursueing  his  title  in  twenty  years. 

December,  1683. 


A  Letter  from  the  Right  Hon.  the  Lords  of  the 
Privy  Council,  with  infoiv7iation  of  the  death 
of  King  Charles  2d,  <^c. 

After  our  hearty  commendations  : — It  haveing 
pleased  Almighty  God,  this  day  to  take  to  his 
mercy,  out  of  this  troublesome  life,  our  late  Sove- 
reigne  Lord,  King  Charles  of  most  blessed  mem- 
ory, and  thereupon  his  late  Majesties  only  brother 
and  heir  King  James  the  second,  being  here  pro- 
claimed, wee  have  thought  fitt  hereby  to  signifie 


Death  of  Charles  II,  <^c,  161 

the  same  unto  you,  with  directions  that  with  the 
assistance  of  the  Councill,  and  other  the  principall 
officers  and  inhabitants  of  Connecticott,  you  pro- 
claime  his  most  sacred  Majestic  according  to  the 
forms  here  inclosed,  with  the  solemnities  and  cer- 
emonies requisite  on  the  like  occasions,  and  we 
do  further  transmitt  unto  you,  his  Majesties  most 
Gracious  Proclamation,  signifying  his  Majesties 
pleasure  that  all  men  being  in  office  of  Govern- 
ment at  the  desease  of  the  late  King,  his  Majesties 
most  dear,  and  most  intirely  beloved  brother, 
shall  so  continue  as  duering  his  late  Majesties  life, 
untill  his  Majesties  pleasure  be  further  known ; 
w^hich  we  do  in  like  manner  will  and  require  you 
forthwith  to  cause  to  be  proclaimed  and  published 
in  the  chief  place  or  places  within  your  Jurisdic- 
tion, and  so  not  doubting  of  your  ready  comply- 
ance  herein,  wee  bid  you  heartily  farewell. 

From  the  Councill  Chamber  in  White  Hall,  the 
sixth  day  of  February,  1684. 

Your  verv  loving  friends, 
M.  CANT,        ^  DARTMOUTH, 

GUILFORD,  J.  ERNLE, 

PETERBOROW,         HALLIFAX,  C.  P.  S. 
CERAVEN,  BEAUFORT, 

AILESBURY,  HUNTINGDON, 

MIDDLETON,  J.  BRIDGEWATER, 

ROCHESTER,  L.  JENKINS, 

CHESTERFIELD,      JOHN  NICHOLAS, 
CLARENDON. 

To  our  very  loveing  friends,  the  Governour  of 
his  Majesties  Colony  of  Connecticott,  in  New 
England,  in  America,  pr  William  Lord. 

14* 


162         Letter  from  Sir  Lionel  Jenkins. 

A  Letter  from  Sir  Lionel  Jenkins,  one  of  his  Ma- 
jesties Secretaries  of  State. 

White  Hall,  March  25th,  1684. 

Sir — His  Majesty  having  thought  fitt  to  issue 
out  his  Royall  Proclamation,  forbidding  his  sub- 
jects to  enter  into  the  service  of  Forreign  Princes 
and  States,  and  other  prohibitions  and  directions 
therein  contained,  relating  to  the  newtrality  that 
he  thinks  fit  to  be  observed  by  his  subjects,  in  this 
time  of  hostility  between  his  neighbour  Princes  ; 
I  am  commanded  by  his  Majestic  to  send  you  the 
enclosed  copy,  and  to  signifie  his  pleasure  that  it 
be  duly  and  speedily  published  vt^ithin  his  Majes- 
ties Colony  under  your  Government,  and  that  you 
take  care  that  it  be  punctually  observed  and  exe- 
cuted ;  whereof  his  Majesty  will  expect  from  you 
an  account  which  I  shall  desire  you  to  transmitt 
to  me  with  the  first  conveniency. 

So  I  remain  Sir,  your  very  Humble  Servant, 

L.  JENKINS. 

To  the  Governour  of  his  Majesties  Colony  of 
Connecticut,  in  New  England,  in  America. 


Lists  of  the  Colony.  163 


A  Generall  Court  in  Hartford,  the  second  Thurs- 
day  of  September,  being  9th  day,  1652. 

The  Estates  and  persons  of  the  severall  Townes, 
presented  to  this  Court,  were  as  followeth : — 

Hartford,  £19,733  19s. 

Windsor,  14,093  00 

Wethersfield,  11,499  00 

Farmington,  5,164  00 


50,489   19 


Saybrook,  £3,630  00s. 

Stratford,  7,040   19 

Fayrfield,  8,850  15 

19,521    14 
50,489  10 


Total,  £70,011   13s. 


A  Generall  Court  held  at  Hartford,  October  9th, 

1684. 

The  Persons  and  Lists  of  the   Estates  of  the 
Colony. 

Number  of  Taxable  Persons. 

250  Hartford,  £16,730  00s. 

65  Stonington,  5,451   00 

43  Kenilworth,  2,386  00 

120  Stratford,  7,892  00 

184  Fayrfield,  10,302  00 

61  Wallingford,  2,967  00 

97  Stanford,  4,855  00 


164  Address  to  James  11. 


88 

Nor  wake, 

£5,145  00s. 

62 

Woodbury, 

2,580  00 

96 

Farmington, 

6,315  00 

204 

Wethersfield, 

12,715  00 

240 

Windsor, 

14,045  00 

86 

Saybrook, 

5,125  00 

268 

Sew  Haven,* 

13,127  00 

96 

Guilford, 

6,208  00 

50 

Branford, 

2,911   00 

53 

Lyme, 

3,563  00 

50 

Greenwich, 

2.364  00 

130 

Midleton, 

5,279  00 

150 

Milford, 

9,205  00 

115 

Norwich, 

6,265  00 

43 

Haddum, 

Total, 

1,828  00 

2551 

£147,258  00  or 

$490,860 

Copy  of  an  Address   to  his   Majesty,  James  the 

second. 

To  the  most  high  and  mighty  Prince,  James  the 
second,  by  the  Grace  of  God,  of  England,  Scot- 
land, France  and  Ireland,  Defender  of  the  Fayth, 
Supreme  Lord  of  the  Plantation  and  Colony  of 
Conecticut  in  New  England,  and  all  other  your 
Ma'ties  Territories  and  Dominions. 

The  humble  address  of  yourMa'ties  GovernoV 

*  New  Haven  and  the  towns  which  follow,  were  a  sepa- 
rate and  distinct  Colony  until  1664,  when  they  became  uni- 
ted with  the  Colony  of  Connecticut. 


4' 


Address  to  James  11.  165 

and   Councill  of  your  Colony   of  Conecticut  in 
New  England,  Humbly  sheweth  : 

That  your  Ma'ties  most  Loyall,  and  dutifull  sub- 
jects haveing  received  from  the  Right  Hon'ble 
Lords  a  Letter  dated  at  White  Hall,  sixth  day  of 
February,  1684,  signifying  the  death  of  o'r  late 
Soyraigne  Charles  the  second  of  blessed  memory, 
which  we  doe  heartily  condole,  as  allso  an  order 
for  the  proclamation  of  your  Royall  Ma'tie,  King 
of  England,  Scotland,  France  and  Ireland,  Defen- 
der of  the  Fayth  &c.,  which  we  have  readily  and 
heartily  attended  and  proclaymed  tliis  day  in  a 
solemne  manner  in  the  head  towns  of  our  Colony, 
with  acclamations  of  joy  and  affection,  followed 
with  o'r  prayers  to  Almighty  God,  (by  whom 
Kings  Reigne,)  to  bless  your  Ma'tie  with  long  life 
and  a  happy  Reigne,  for  the  Glory  of  God,  and 
the  good  of  all  your  Ma'ties  subjects. 

Humbly  beseeching  your  most  excellent  Ma'tie 
to  grant  the  benigne  shines  of  your  favour  to  this 
your  poore  Colony  of  Conecticutt,  in  the  contin- 
uance of  the  hberties  and  properties  granted  to  us 
by  o'r  late  Soveraigne  Charles  the  second,  of  bles- 
sed memorie,  and  that  we  may  be  encouraged  in 
our  small  beginings,  and  live  under  your  Royall 
shadow,  a  quiet  and  peaceable  life,  in  all  Godly- 
ness  and  honesty,  who  are  your  Ma'ties  Loyall, 
dutifull  and  obedient  subjects,  the  Governo'r  and 
Councill  of  your  Ma'ties  Colony  of  Conecticutt. 

ROBERT  TREAT,  Gov'r. 
By  order  of  the  Councill, 

JOHN  ALLYN,  Secret'ry. 

Hartford,  Connecticutt,  Aprill  22d,  1685. 


166  Address  to  James  It. 


Hon'ble  Sr — 

The  Right  Hon'ble  Lords  of  the  Councills  Let- 
ter of  the  6th  of  February  past,  we  received  by 
our  Governo'r  upon  the  19th  day  of  this  month, 
who  thereupon  repayred  to  this  place,  and  called 
his  Council!  forthwith,  who  according  to  their  Hon- 
o'rs  direction,  ordered  that  his  Ma'tie,  James  the 
second  be  proclaymed  King  of  England,  Scotland, 
France  and  Ireland,  which  was  accordingly  atten- 
ded, and  order  is  taken  that  his  Ma'tie  be  in  like 
manner  proclaymed  in  the  other  country  towns  of 
this  Colony  forthwith.  Sr,  we  take  this  opportu- 
nely to  return  our  hearty  thankes  to  the  Right 
Hon'ble  Lords,  for  their  respect  and  favour  to  us 
in  granting  us  their  orders  and  direction  in  the 
afoars'd  great  affayre,  requesting  their  Honours 
good  affection  may  be  continued  to  us ;  we  re- 
quest you  would  be  pleased  to  informe  their  Lord- 
ships of  our  ready  complyance,  allso  that  you 
would  so  far  favour  us  as  to  present  the  inclosed 
address  to  o'r  Soveraigne  Lord,  King  James  the 
second,  and  represent  us  to  his  Ma'tie,  his  most 
Loyall  and  dutifull  subjects. 

Honourable  Sr,  w^e  are  your  Hono'rs  most  af- 
fectionate  Friends  and  Humble  Servants,  the 
Gov'r  and  Councill  of  the  Colony  of  Connecti- 
cutt. 

ROBERT  TREAT,  GovV. 
Pr  order  of  the  Councill, 

JOHN  ALLYN  SecVy. 

Hartford,  April  22d,  1685. 

For  the  Hon'ble  Sr  Lyonell  Jenkins—at  White 
Hall,  Humbly  presented, 


Letter  from  James  IL  167 


A  Letter  from  King  James  2^,  relating  to  an  Im- 
position on  Sugar  and  Tobacco,  and  concerning 
the  Duke  of  Monmouth,  and  Earll  of  Argyle, 

James  R. 

Trusty  and  well  beloved,  wee  greet  you  well, 
as  we  cannot  doubt  of  the  ready  and  dutifull  assu- 
rance and  expressions  of  Loyalty  and  obedience 
from  our  good  subjects  under  your  Government, 
since  our  accession  to  the  Crown,  so  we  shall  at 
all  times  extend  our  Royall  care  and  Protection 
to  them  in  the  preservation  of  their  rights,  and  in 
the  defence  and  security  of  their  persons  and  Es- 
tates, which  we  think  fitt  that  you  signifie  unto  the 
inhabitants  of  our  Colony,  whereof  you  are  Gov- 
ernour.  As  also  that  upon  the  meeting  of  our 
Parliament  they  have  for  the  repairs  of  our  navy, 
and  for  providing  stores  for  our  navy,  and  ord- 
nance and  other  important  occasions  chearfully 
and  unanimously  given  and  granted  unto  us  an 
ayde  and  assistance  to  be  raised  and  levied  upon 
all  Tobacco  and  Sugar  to  be  imported  into  this 
our  Kingdome,  according  to  such  rates,  and  duer- 
ing  such  time,  and  in  such  manner  and  form  as  by 
the  said  act  herewith  sent  you  is  more  particular- 
ly set  forth,  which  imposition,  as  it  is  not  laid  on 
the  Planter  or  Merchant,  but  only  on  the  Retailer, 
consumptioner  or  Shopkeeper,  we  are  well  assur- 
ed will  not  be  inconvenient  or  burthensome  to  our 
subjects  in  America.  But  that  on  the  contrary  it 
will  be  of  great  benefitt,  credit  and  advantage  to 
them,  by  the  enabling  us  the  better  to  defend  and 
protect  the  navigation  of  this  Kingdom,  and  the 
trade  of  our  Plantations,  which  cannot  butt  be  of 


168  Letter  from  James  IL 

great  satisfaction  and  security  to  the  inhabitants  of 
that  our  Colony. 

We  have  hkewise  thought  fitt  to  acquaint  you 
for  the  information  of  our  subjects,  under  your 
Government,  that  the  peace  and  quiett  of  our 
Kingdom  of  Scottland  has  received  some  disturb- 
ance  from  the  Traiterous  practices  and  rebelHon 
of  the  late  Earle  of  Argyle,  by  his  landing  in  the 
west  Highlands,  with  men  and  arms,  but  that  it 
has  pleased  God  to  deliver  that  Traitor,  and  his 
rebellious  followers  into  our  hands,  so  that  upon 
seizing  his  ships  and  arms  and  materialls  of  warr, 
and  defeating  the  multitude  he  had  gathered  to- 
gether ;  he  is  now  secured  in  our  Castle  of  Edin- 
burgh in  order  to  his  execution,  whereby  the 
peace  of  that  Kingdom  is  perfectly  re-establisht, 
and  our  forces  there,  ready  and  at  leisure  to 
receive  and  obey  such  orders  as  our  service  shall 
require  elsewhere. 

Wee  are  likewise  pleased  to  inform  you,  that 
the  late  Duke  of  Monmouth,  since  attainted  of 
Treason  is  in  the  same  Traiterous  and  rebellious 
manner  landed  in  the  western  parts  of  this  king- 
dom, and  with  a  number  of  men  of  the  lowest  de- 
gree, and  many  of  them  unarmed,  has  given 
disquiet  to  those  parts,  but  by  the  care  we  have 
taken  in  sending  thither  a  sufficient  number  of  our 
standing  forces,  of  horse,  foot,  and  Dragoons,  who 
are  now  in  pursuit  of  him,  we  are  expecting  to 
hear  of  the  totall  defeat  of  that  traitor  and  his 
accomplices,  and  we  being  at  the  same  time  per- 
fectly assured  of  the  constant  and  undoubted  fidel- 
ity of  the  Nobility  and  Gentry,  as  well  as  of  the 
militia  of  this  kingdom,  and  having  for  the  better 
confirmation  of  the  peace  and  tranquility  of  our 
dominions,  ordered  such  other  new  levys  of  horse, 
foot,  and  dragoons,  as  will  be  requisite.     We  can- 


Address  to  James  IL  160 

not  faile  by  the  blessing  of  God,  of  a  happy  issue 
and  success  in  our  affairs.  All  which  we  have 
thought  fitt  to  intimate  unto  you  for  the  prevent- 
ing any  false  rumours  or  reports,  which  might  be 
spread  amongst  our  subjects  at  that  distance,  by 
the  malicious  and  traiterous  insinuations  of  ill  men^ 
and  so  we  bid  you  farew^ell. 

Given  at  our  Court,  at  White  Hall,  the  26th  day 
of  June,  1685,  in  the  first  year  of  our  Reigne. 
By  his  Majesties  Command, 

SUNDERLAND. 

To  our  trusty  and  w^ell  beloved,  the  Governour 
x)f  our  colony  of  Connecticott,  in  New  England^ 
in  America. 


Copi/  of  an  Address  to  his  Majesty  James  IL 

To  the  most  high  and  mighty  Prince  James  the 
second,  of  England,  Scotland,  France  and  Ireland, 
King  defender  of  the  Faythe,  &:c-.— 

The  humble  petition  and  addresse  of  your  Loy- 
all  subjects  the  Governor  and  company  of  your 
Ma'ties  colony  of  Connecticut,  humbly  sheweth-^ 

That  whereas  w^e  are  informed  that  there  is  a 
Quowarranto  emitted  against  this  your  Ma'ties 
colony  of  Connecticutt,  not  yet  come  to  our  sight, 
we  have  taken  this  opportunity  to  prostrate  our- 
selves upon  our  bended  knees  at  your  Ma'ties  feet, 
most  humbly  beging  your  Ma'tie  out  of  your 
great  compassion  and  princely  Grace,  freely  to 
pardon  and  remit  all  such  mistakes  or  faylures  in 

15 


170  Address  to  James  IL 

our  management  of  that  power  and  trust  of  Gov- 
ernment comitted  to  us,  (which,  oji  the  first  inti- 
mation we  are  ready  to  reforme,)  in  and  by  his 
late  Ma'tie  of  blessed  memory,  Charles  the  second, 
by  his  Roy  a  11  Grant  to  us,  bearing  date  Aprill 
twenty  third,  in  the  fourteenth  year  of  his  Reigne, 
and  graciously  continued  by  your  Ma'ties  Procla- 
mation, have  proceeded  rather  from  want  of  a 
right  understanding  in  law  then  otherwise.  And 
that  your  Matie  would  Graciously  be  pleased  to 
continue  this  your  Ma'ties  colony,  happy  in  the 
full  and  free  injoyment  of  our  liberties  and  prop- 
erties as  formerly ;  and  by  your  l^oyall  com- 
mand recall  the  writ  of  Quowaranto  foremen- 
tioned. 

For  may  it  please  your  Ma'tie  though  we  are  a 
poore,  yet  a  Loyall  people,  very  unwilling  to  do 
any  thing  which  may  be  unpleasant  to  our  Sove- 
raigne,  for  we  are  resolved  through  assistance  of 
Allmighty  God,  to  approve  ourselves  your  Ma'ties 
dutifull  subjects,  as  we  have  been  to  your  Ma'ties 
Royall  predecessors,  which  (if  we  mistake  not)  to 
our  comendation  was  asserted  by  our  late  Sove- 
raigne  your  Ma'ties  most  dear  brother. 

Dread  Soveraigne,  we  humbly  beg  and  earnest- 
ly beseech  your  Ma'tie  to  continue  us  an  intire 
Province  or  Government  within  our  known 
bounds  and  colony  limits,  which  we  conceive  will 
be  most  for  the  profit  and  health  of  your  Ma'ties 
subjects  here  inhabiting,  and  the  contrary  no  doubt 
will  be  very  prejudiciall  to  them,  which  may 
easily  be  evinced  by  good  reason,  and  therefore 
hope  to  obteyne  your  Ma'ties  favour  and  protec- 
tion therein. 

Great  Sr,  we  desire  and  humbly  pray  your 
Ma'ties  favour,  that  we  may  still  be  confirmed  in, 


Letter  from  Ri :  Normansell.  171 

and  enjoy  our   Christian  Liberties  without  any 
interruption  from  any  other. 

Most  Gracious  Sovraigne,  we  beseech  your 
Ma'tie  we  may  find  grace  in  your  sight  and  receive 
a  gracious  answer  to  this  our  humble  addresse, 
that  we  may  experiance  that  in  the  Hght  of  the 
Kings  countenance  is  hfe,  and  his  favour  is  as  the 
cloud  of  the  latter  reigne,  and  we  shall  not  cease  to 
pray  the  God  of  heaven,  who  is  the  King  of  Kings, 
to  save,  bless  and  prosper  your  Ma'tie. 

We  are  your  Ma'ties  Loyall  and  dutifull  sub- 
jects, the  Governor  and  Company  of  your  colony 
of  Conecticutt. 

J.   iV.)  ^« 


A  Letter  from  the  Hon.  Ri :  Normansell,  with 
a  writ  of  Quo-  Warranto, 

London,  October  the  26th,  1686. 

Gentlemen  : — 

This  day  was  delivered  to  my  hands  (as  I  am 
secondary  to  the  Sheriffs  of  London,)  a  Writ  of 
Quo-Warranto,  issueing  out  of  the  Crown  office 
of  the  Court  of  Kings  Bench,  at  Westminster, 
against  you,  the  Governour  and  Company  of  the 
English  Colony  of  Connecticutt,  in  New  England, 
in  America,  requiring  your  appearance  before  his 
Majestie,  wheresoever  he  shall  then  be  in  England, 
in  eight  days  of  the  purification  of  the  blessed 
virgin  Mary,  to  answer  unto  our  Lord  the  King, 
by  what  warrant  you  claime  to  have  and  use 
divers  liberties,  priviledges  and  franchises,  within 


172    Demand  of  Charter  of  Connecticut o 

the  said  Colony  (viz.)  in  the  Parish  of  St.  Micha- 
el!, Cornhill  London,  of  which  you  are  impeacht. 
And  that  you  may  not  be  ignorant  of  any  part  of 
the  contents  of  the  said  writt,  I  have  enclosed, 
sent  you  a  true  copee  of  the  sanae,  (in  his  Majes- 
ties name,)  requireing  your  appearance  to  it,  in 
default  w^hereof  the  liberties,  priviledges  and  fran- 
chises you  claime,  and  now  enjoy,  will  be  forfeit- 
ed to  the  King,  and  your  Charter  made  void — of 
this  Gent,  please  to  take  notice.  From  your  Hum- 
ble Servant,  (unknown) 

RI :  NORMANSELL. 

These  to  the  Govemour  and  Company  of  the 
English  Colony  of  Connecticutt,  in  New  Englaad^ 
in  America. 


At  a  meeting  of  the  Generall  Court  lield  at  Hart- 
ford, 1687. 

Sundry  of  the  Court  desired  that  the  Patent  or 
Charter  might  be  brought  into  the  Court,  the  Sec- 
retary sent  tor  it  and  informed  the  GovernoV  and 
Court  that  he  had  the  Charter  and  shewed  it  to 
the  Court,  and  the  Gov^^r  bid  him  put  it  into  the 
Box  again  and  lay  it  on  the  Table  and  leave  the 
Key  in  the  Box,  which  he  did  forthwith.* 

*  Although  not  particularly  mentiemed,  this  apf>ears  to 
have  been  the  time  when  the  Charter  of  Connecticut  was 
seized,  conveyed  away  and  secreted.  Sir  Edmund  Andross 
and  suit,  guarded  by  a  body  of  regular  troops  having  arrived 
in  Hartford,  Sir  Edmund  perennptorily  demanded  the  surren- 
der of  the  Charter  ta  him.    The  Governor  of  the   Colony, 


ft'.i«i^  ^ 


^^ 


/..^  lliJL.ff^.A'f 


•sj«f.>' 


} 


Demand  of  Charter  of  Connecticut.     173 

October  31,  1687. 
His  Excellency  Sir  Edmund  Andross,  Knt, 
Capt.  Generall  and  Govn'r  of  his  Majesties  Ter- 
ritorie  and  Dominions  in  New  England,  by  order 
from  his  Ma'tie  James  the  second,  King  of  Eng- 
land, Scotland,  France  and  Ireland,  the  31  of  Oc- 
tober, 1687,  took  into  his  own  hands  the  Govern- 
ment of  this  Colony  of  Connecticott,  it  being  by 
his  Ma'tie  annexed  to  the  Massachusetts  and  other 
Colonys  under  his  Excellencies  Government. — 
Finis. 


fearing-  if  he  surrendered  it,  one  Jess  liberal  would  be  given 
the  Colony,  or  rather  none   at  all,  which  caused  much  de- 
bate and  kept  in  suspense  until  evening,  and  lighting  of  can- 
dles.    At  a  concerted  signal,  the  lights  were  instantly  extin- 
guished, and  Capt.  William  Wadsworth  of  Hartford,  a  bold 
and  daring  man,    (whose   posterity   reside   in  this  city)  in- 
stantly seized  the  Charter,  carried  off  and  secreted  it  in  the 
hollow  of  a  large  Oak  Tree,  in  front  of  the  dwelling  house  of 
the  Hon   Samuel    Wyllys  in  this  city.     And  though  about 
150  years  has  expired  since  this  event,  the  Charter  Oak,  as 
it  has  ever  since  been  called,  is  yet  standing  and  in  a  flour- 
ishmg  condition,  and  is  often  visited,  by  strangers  and  travel- 
ers as  having  been  the  safe  receptacle  of  the  old  Charter. — 
The  premises  are  now  owned  and  occupied  by  a  Mr.  Ste- 
phen Bulkley,  who  loving  his  leisure,  more  than  to  gratify  the 
curiosity  of  strangers,  forbids  their  trespasses  upon  his  lands 
to  view  the  ancient  Oak.     After  the  Charter  was  safe,  the 
candles  were  numediately  re-lighted,  but  the  Charter  was 
not  to  be  found.     Sir  Edmund  assumed  the  administration  of 
the  Government  of  the  Colony,  which  he  continued  to  ad- 
minister for  nearly  two  years  in  an  oppressive  manner,  until 
the  accession  to  the  English  Throne  of  William  and  Mary, 
in  1688,  and  the  seizure  and  confinement   of  Sir  Edmund 
and  his  Council  by  the  people  of  Boston,  which  changed  the 
complexion  of  affairs   in   the   Colony.     And  upon  the  9th 
day  of  May,  1689,  Gov.  Treat  and  the  former  Magistrates, 
resumed  the  Government  of  the  Colony  under  the  Charter^ 
which  had  securely   remained  in   the  tree  until  this  time, 
with  no  other  injury  than  a  very  little  discoloration — which  is 
now  in  this  office  nearly  as  perfect  as  when  first  sent  to  the 
Colony,  in  1662 — a  copy  of  which  is  hereunto  annexed. 

15* 


174  Charter  of  1662, 


The  Charter  of  the  ancient  Colony  of  Connecticut, 

Charles  the  second,  by  the  grace  of  GOD,  King 
of  England,  Scotland,  France  and  Ireland,  defen- 
der of  the  faith,  &c.  To  all  to  whom  these  pres- 
ents shall  come,  Greeting. 

Whereas  by  the  several  navigations,  discove- 
ries and  successful  plantations  of  divers  of  our 
loving  subjects  of  this  our  realm  of  England,  sev- 
eral lands,  islands,  places,  colonies  and  plantations 
have  been  obtained  and  settled  in  that  part  of  the 
continent  of  America,  called  New  England,  and 
thereby  the  trade  and  commerce  there,  hath  been 
of  late  years,  much  increased:  And  whereas  we 
have  been  informed  by  the  humble  petition  of  our 
trusty  and  well  beloved  John  Winthrop,  John  Ma- 
son, Samuel  Wyllys,  Henry  Clarke,  Matthew  Al- 
lyn,  John  Tapping,  Nathan  Gold,  Richard  Treat, 
Richard  Lord,  Henry  Wolcott,  John  Talcott,  Dan- 
iel Clarke,  John  Ogden,  Thomas  Wells,  Obadiah 
Bruen,  John  Clarke,  Anthony  Hawkins,  John 
Deming,  and  Matthew  Camfield,  being  persons 
principally  interested  in  our  colony  or  plantation 
of  Connecticut,  in  New  England,  that  the  same 
colony,  or  the  greatest  part  thereof  was  purchased 
and  obtained  for  great  and  valuable  considerations, 
and  some  other  part  thereof  gained  by  conquest, 
and  with  much  difficulty,  and  at  the  only  endeav- 
ours, expence,  and  charges  of  them  and  their  asso- 
ates,  and  those  under  whom  they  claim,  subdued 
and  improved,  and  thereby  become  a  considerable 
enlargement  and  addition  of  our  dominions  and 
interest  there. 

Now  Know  ye.  That  in  consideration  thereof, 
and  in  regard,  the  said  colony  is  remote  from  oth- 
er the  English  plantations  in  the  places  aforesaid, 


Charter  of  IQG2.  175 

and  to  the  end  the  affairs  and  business  which  shall 
from  time  to  time  happen  to  arise  concerning  the 
same,  may  be  duly  ordered  and  managed,  we  have 
thought  fit,  and  at  the  humble  petition  of  the  per- 
sons aforesaid,  and  are  graciously  pleased  to  cre- 
ate and  make  them  a  body  politic  and  corporate, 
with  the  powers  and  privileges  herein  after  men- 
tioned ;  and  accordingly  our  will  and  pleasure  is, 
and  of  our  especial  grace,  certain  knowledge,  and 
mere  motion,  we  have  ordained,  constituted  and 
declared,  and  by  these  presents,  for  us,  our  heirs 
and  successors,  do  ordain,  constitute  and  declare, 
that  they  the  said  John  Winthrop,  John  Mason, 
Samuel  Wyllys,  Henry  Clarke,  Matthew  Allyn, 
John  Tapping,  Nathan  Gold,  Richard  Treat,  Rich- 
ard Lord,  Henry  Wolcott,  John  Talcott,  Daniel 
Clarke,  John  Ogden,  Thomas  Wells,  Obadiah  Bru- 
en,  John  Clarke,  Anthony  Hawkins,  John  Deming, 
and  Matthew  Camfield,  and  all  such  others  as  now 
are,  or  hereafter  shall  be  admitted  and  made  free 
of  the  company  andliociety  of  our  colony  of  Con- 
necticut, in  America,  shall  from  time  to  time,  and 
for  ever  hereafter,  be  one  bjDdy  corporate  and  po- 
litic, in  fact  and  name,  by  the  name  of  Governour 
and  company  of  the  English  colony  of  Connecti- 
cut in  New  England,  in  America ;  and  that  by 
the  same  name,  they  and  their  successors  shall  and 
may  have  perpetual  succession,  and  shall  and  may 
be  persons  able  and  capable  in  the  law,  to  plead 
and  be  impleaded,  to  answer  and  to  be  answered 
unto,  to  defend  and  be  defended  in  all  and  singu- 
lar suits,  causes,  quarrels,  matters,  actions  and 
things,  of  what  kind  or  nature  soever ;  and  also 
to  have,  take,  possess,  acquire,  and  purchase  lands, 
tenements,  or  hereditaments,  or  any  goods,  or  chat- 
tels, and  the  same  to  lease,  grant,  demise,  alien, 
bargain,  sell,  and  dispose  of,  as  other  our  liege 


176  Charter  of  1662. 

people  of  this  our  realm  of  England,  or  any  oth- 
er corporation  or  body^ politic  within  the  same  may 
lawfully  do. 

And  further,  That  the  said  Governour  and  com- 
pany, and  their  successors,  shall  and  may  forever 
hereafter  have  a  common  seal,  to  serve  and  use 
for  all  causes,  matters,  things,  and  affairs  whatso- 
ever, of  them  and  their  successors,  and  the  same 
seal,  to  alter,  change,  break,  and  make  new  from 
time  to  time,  at  their  wills  and  pleasures,  as  they 
shall  think  fit. 

And  further,  We  will  and  ordain,  and  by  these 
presents,  for  us,  our  heirs  and  successors,  do  de- 
clare and  appoint,  That  for  the  better  ordering 
and  managing  of  the  affairs  and  business  of  the 
said  company  and  their  successors,  there  shall  be 
one  Governour,  one  Deputy-Governour,  and  twelve 
Assis-tants,  to  be  from  time  to  time  constituted, 
elected  and  chosen  out  of  the  freemen  of  the  said 
company  for  the  time  being,  in  such  manner  and 
form  as  hereafter  in  these  presents  is  expressed, 
w^hich  said  officers  shall  apply  themselves  to  take 
care  for  the  best  disposing  and  ordering  of  the 
general  business  and  affairs  of  and  concerning  the 
land  and  hereditaments  herein  after  mentioned  to 
be  granted,  and  the  plantation  thereof,  and  the 
government  of  the  people  thereof:  And  for  the 
better  execution  of  our  royal  pleasure  herein,  we 
do  for  us,  our  heirs,  and  successors,  assign,  name, 
constitute  and  appoint  the  aforesaid  John  Win- 
throp  to  be  the  first  and  present  Governour  of  the 
said  company,  and  the  said  John  Mason,  to  be  the 
Deputy-Governour,  and  the  said  Samuel  Wyllys, 
Matthew  Allyn,  Nathan  Gold,  Henry  Clarke, 
Richard  Treat,  John  Ogden,  John  Tapping,  John 
Talcott,  Thomas  Wells,  Henry  Wolcott,  Richard 
Lord  and  Daniel  Clarke,  to  be  the  twelve  present 


CJiarier  of  1662  177 

Assistants  of  the  said  company,  to  continue  in  the 
said  several  offices  respectively,  until  the  second 
Thursday,  which  shall  be  in  the  month  of  October 
now  next  coming. 

And  further.  We  will,  and  by  these  presents  for 
us,  our  heirs,  and  successors,  do  ordain  and  grants 
That  the  Governour  of  the  said  company  for  the 
time  being,  or  in  his  absence  by  occasion  of  sick- 
ness, or  otherwise  by  his  leave  or  permission,  the 
Deputy-Governour  for  the  time  being,  shall  and 
may  from  time  to  time  upon  all  occasions,  give  or- 
der for  the  assembling  of  the  said  company,  and 
calling  them  together  to  consult  and  advise  of  the 
business  and  affairs  of  the  said  company,  and  that 
for  ever  hereafter,  twdce  in  every  year,  That  is  to 
say,  on  every  second  Thursday  in  October,  and 
on  every  2d  Thursday  in  May,  or  oftener  in  case  it 
shall  be  requisite  ;  the  assistants,  and  freemen  of 
the  said  company,  or  such  of  them  (not  exceed- 
ing two  persons  from  each  place,  town  or  city) 
who  shall  be  from  time  to  time  thereunto  elected 
or  deputed  by  the  major  part  of  the  freemen  of  the 
respective  towns,  cities,  and  places  for  which  they 
shall  be  elected  or  deputed,  shall  have  a  general 
meeting,  or  assembly,  then  and  there  to  consult 
and  advise  in  and  about  the  affairs  and  business  of 
the  said  company  :  and  that  the  Governour,  or  in 
his  absence  the  Deputy-Governour  of  the  said 
company  for  the  time  being,  and  such  of  the  as- 
sistants and  freemen  of  the  said  company  as  shall 
be  so  elected  or  deputed,  and  be  present  at  such 
meeting  or  assembly,  or  the  greatest  number  of 
them,  whereof  the  Governour  or  Deputy-Govern- 
our, and  six  of  the  assistants,  at  least  to  be  seven, 
shall  be  called  the  general  assembly,  and  shall 
have  full  power  and  authority  to  alter  and  change 
their  days  and  times  of  meeting,  or  general  assem- 


178  Charter  of  1662. 

blies,  for  electing  the  governour,  deputy-govern- 
our,  and  assistants,  or  other  officers,  or  any  other 
courts,  assembhes  or  meetings,  and  to  choose, 
nominate  and  appoint  such  and  so  many  other 
persons  as  they  shall  think  fit,  and  shall  be  willing 
to  accept  the  same,  to  be  free  of  the  said  company, 
and  body  politic,  and  them  into  the  same  to  admit ; 
and  to  elect  and  constitute  such  officers  as  they 
shall  think  fit  and  requisite  for  the  ordering,  man- 
aging and  disposing  of  the  affairs  of  the  said  gov- 
ernour and  company  and  their  successors. 

And  we  do  hereby  for  us,  our  heirs  and  success- 
ors, establish  and  ordain.  That  once  in  a  year  for 
ever  hereafter,  namely,  the  said  second  Thursday 
of  May,  the  governour,  deputy-governour,  and  as- 
sistants of  the  said  company,  and  other  officers  of 
the  said  company,  or  such  of  them  as  the  said 
general  assembly  shall  think  fit,  shall  be  in  the 
said  general  court  and  assembly  to  be  held  from 
that  day  or  time,  newly  chosen  for  the  year  ensu- 
ing, by  such  greater  part  of  the  said  company  for 
the  time  being,  then  and  there  present ;  and  if  the 
governour,  deputy-governour,  and  assistants  by 
these  presents  appointed,  or  such  as  hereafter  be 
newly  chosen  into  their  rooms,  or  any  of  them,  or 
any  other  the  officers  to  be  appointed  for  the  said 
company  shall  die,  or  be  removed  from  his  or 
their  several  offices  or  places  before  the  said  gen- 
eral day  of  election,  whom  we  do  hereby  declare 
for  any  misdemeanor  or  default,  to  be  removable 
by  the  governour,  assistants,  and  company,  or 
such  greater  part  of  them  in  any  of  the  said  pub- 
lic courts  to  be  assembled,  as  is  aforesaid,  that 
then  and  in  every  such  case,  it  shall  and  may  be 
lawful  to  and  for  the  governour,  deputy-governour, 
and  assistants,  and  company  aforesaid,  or  such 
greater  part  of  them  so  to  be  assembled,  as  is 


Charter  of  1662,  179 

aforesaid,  in  any  of  their  assemblies,  to  proceed  to 
a  new  election  of  one  or  more  of  their  company, 
in  the  room  or  place,  rooms  or  places  of  such 
governour,  deputy-governour,  assistant,  or  other 
officer  or  officers  so  dying  or  removed,  according 
to  their  discretions,  and  immediately  upon  and 
after  such  election  or  elections  made  of  such  Gov- 
ernour, deputy-governour,  assistant  or  assistants, 
or  any  other  officer  of  the  said  company,  in  man- 
ner and  form  aforesaid,  the  authority,  office  and 
power  before  given  to  the  former  governour, 
deputy-governour,  or  other  officer  and  officers  so 
removed,  in  whose  stead  and  place  new  shall  be 
chosen,  shall  as  to  him  and  them,  and  every  of 
them  respectively  cease  and  determine. 

Provided  also,  And  our  will  and  pleasure  is, 
That  as  w^ell  such  as  are  by  these  presents  ap- 
pointed to  be  the  present  governour,  deputy-gov- 
ernour, and  assistants  of  the  said  company,  as 
those  that  shall  succeed  them,  and  all  other  offi- 
cers to  be  appointed  and  chosen,  as  aforesaid, 
shall,  before  they  undertake  the  execution  of  their 
said  offices  and  places  respectively,  take  their 
several  and  respective  corporal  oaths  for  the  due 
and  faithful  performance  of  their  duties  in  their 
several  offices  and  places,  before  such  person  or 
persons  as  are  by  these  presents  hereafter  ap- 
pointed to  take  and  receive  the  same  ;  That  is  to 
say,  The  said  John  Winthrop,  who  is  herein  be- 
fore nominated  and  appointed  the  present  gov- 
ernour of  the  said  company,  shall  take  the  said 
oath  before  one  or  more  of  the  masters  of  our 
court  of  chancery  for  the  time  being,  unto  which 
master  of  chancery,  we  do  by  these  presents  give 
full  power  and  authority  to  administer  the  said 
oath  to  the  said  John  Winthrop  accordingly :  and 
the  said  John  Mason,  who  is  herein  before  nom- 


180  Charter  of  106-2. 

inated  and  appointed  the  present  deputy  govern* 
our  of  the  said  company,  shall  take  the  said  oath 
before  the  said  John  Winthrop,  or  any  two  of  the 
assistants  of  the  said  company,  unto  whom  we  do 
by  these  presents  give  full  power  and  authority  to 
administer  the  said  oath  to  the  said  John  Mason 
accordingly:  and  the  said  Samuel  Wyllys,  Henry 
Clarke,  Matthew  Allyn,  John  Tapping,  Nathan 
Gold,  Richard  Treat,  Richard  Lord,  Henry  Wol- 
cott,  John  Talcott,  Daniel  Clarke,  John  Ogden, 
and  Thomas  Wells,  who  are  herein  before  nom- 
inated and  appointed  the  present  assistants  of  the 
said  company,  shall  take  the  oath  before  the  said 
John  Winthrop,  and  John  Mason,  or  one  of  them, 
to  whom  we  do  hereby  give  full  power  and  au- 
thority to  administer  the  same  accordingly.  And 
our  further  will  and  pleasure  is.  That  all  and 
every  governour,  or  deputy-governour  to  be  elect- 
ed and  chosen  by  virtue  of  these  presents,  shall 
take  the  said  oath  before  two  or  more  of  the  as- 
sistants of  the  said  company  for  the  time  being, 
unto  whom  we  do  by  these  presents  give  full 
power  and  authority  to  give  and  administer  the 
said  oath  accordingly ;  and  the  said  assistants, 
and  every  of  them,  and  all  and  every  other  officer 
or  officers  to  be  hereafter  chosen  from  time  to 
time,  to  take  the  said  oath  before  the  governour, 
or  deputy-governour  for  the  time  being,  unto 
which  governour  or  deputy-governour,  we  do  by 
these  presents  give  full  power  and  authority  to 
administer  the  same  accordingly. 

And  further,  Of  our  more  ample  grace,  certain 
knowledge,  and  mere  motion,  we  have  given  and 
granted,  and  by  these  presents  for  us,  our  heirs 
and  successors,  do  give  and  grant  unto  the  said 
governour  and  company  of  the  English  colony  of 
Connecticut,  in  New  England,  in  America,  and  to  . 


V'harter  of  im^.  181 

^very  inhabitant  there,  and  to  every  person  and 
persons  trading  thither,  and  to  every  such  person 
and  persons  as  are  or  shall  be  free  of  the  said 
colony,  full  power  and  authority  from  time  to 
time,  and  '^'.t  all  times  hereafter,  to  take  ship,  trans- 
port and  carry  away  for  and  towards  the  planta- 
tion and  defence  of  the  said  colony,  such  of  our 
loving  subjects  and  strangers,  as  shall  or  will  wil- 
lingly accompany  them  in,  and  to  their  said  colony 
and  plantation,  except  such  person  and  persons, 
as  are  or  shall  be  therein  restrained  by  us,  our 
heirs  and  successors;  and  also  to  ship  and  trans- 
port all,  and  all  manner  of  goods,  chattels,  mer- 
chandizes, and  other  things  whatsoever  that  are 
or  shall  be  useful  or  necessary  for  the  inhabitants 
of  the  said  colony,  and  may  lawfully  be  transport- 
ed thither:  Nevertheless,  not  to  be  discharged  of 
payment  to  us,  our  heirs  and  successors,  of  the 
duties,  customs  and  subsidies  which  are  or  ought 
to  be  paid  or  payable  for  the  same. 

And  further,  Our  will  and  pleasure  is,  and  we 
do  for  us,  our  heirs  and  successors,  ordain,  declare, 
and  grant  unto  the  said  governour  and  company, 
and  their  successors,  that  all,  and  every  the  sub- 
jects of  us,  our  heirs,  or  successors,  which  shall 
go  to  inhabit  within  the  said  colony,  and  every  of 
their  children,  which  shall  happen  to  be  born  there, 
or  on  the  seas  in  going  thither,  or  returning  from 
thence,  shall  have  and  enjoy  all  liberties  and  im- 
munities of  free  and  natural  subjects  within  any 
of  the  dominions  of  us,  our  heirs  or  successors, 
to  all  intents,  constructions  and  purposes  whatso- 
ever, as  if  they  and  every  of  them  were  born 
within  the  realm  of  England  ;  and  we  do  author- 
ize and  impower  the  governour,  or  in  his  absence 
the  deputy-governour  for  the  time  being,  to  ap- 
point two  or  more  of  the  said  assistants  at  any  of 

16 


182  Charter  of  1G62, 

their  courts  or  assemblies  to  be  held  as  aforesaid, 
to  have  power  and  authority  to  administer  the 
oath  of  supremacy  and  obedience  to  all  and  every 
person  and  persons  which  shall  at  any  time  or 
times  hereafter  go  or  pass  into  the  said  colony  of 
Connecticut,  unto  which  said  assistants  so  to  be 
appointed  as  aforesaid,  we  do  by  these  presents 
give  full  power  and  authority  to  administer  the 
said  oath  accordingly. 

And  we  do  further,  of  our  special  grace,  certain 
knowledge,  and  mere  motion,  give  and  grant 
unto  the  said  governour  and  company  of  the 
Enghsh  colony  of  Connecticut,  in  New  JEngland, 
in  America,  and  their  successors,  that  it  shall  and 
may  be  lawful  to  and  for  the  governour,  or 
deputy-governour,  and  such  of  the  assistants  of  the 
said  company  for  the  time  being  as  shall  be  as- 
sembled in  any  of  the  general  courts  aforesaid,  or 
in  any  courts  to  be  especially  summoned  or  as- 
sembled for  that  purpose,  or  the  greater  part  of 
them,  whereof  the  governour,  or  deputy-govern- 
our, and  six  of  the  assistants  to  be  always  seven, 
to  erect  and  make  such  judicatories,  for  the  hear- 
ing and  determining  of  all  actions,  causes,  matters 
and  things  happening  within  the  said  colony  or 
plantation,  and  which  shall  be  in  dispute,  and  de- 
pending there,  as  they  shall  think  fit,  and  conven- 
ient, and  also  from  time  to  time  to  make,  ordain 
and  establish  all  manner  of  wholesome,  and 
reasonable  laws,  statutes,  ordinances,  directions 
and  instructions,  not  contrary  to  the  laws  of  this 
realm  of  England,  as  well  for  settlinir  the  forms 
and  ceremonies  of  government,  and  magistracy, 
fit  and  necessary  for  the  said  plantation,  and  the 
inhabitants  there,  as  for  naming  and  stiling  all 
sorts  of  officers,  both  superior  and  inferior,  which 
they  shall   find   needful  for  the  government  and 


Charter  of  1662.  183 

plantation  of  the  said  colony,  and  the  distinguish- 
ing and  setting  forth  of  the  several  duties,  powers 
and  hmits  of  every  such  office  and  place,  and  the 
forms  of  such  oaths  not  being  contrary  to  the  laws 
and  statutes  of  this  our  reahn  of  England,  to  be 
administered  for  the  execution  of  the  said  several 
offices  and  places  as  also  for  the  disposing  and 
ordering  of  the  election  of  such  of  the  said  officers 
as  are  to  be  annually  chosen,  and  of  such  others 
as  shall  succeed  in  case  of  death  or  removal,  and 
administering  the  said  oath  to  the  new  elected 
officers,  and  granting  necessary  commissions,  and 
for  imposition  of  lawful  fines,  mulcts,  imprison- 
ment or  other  punishment  upon  offenders  and 
dehnquents  according  to  the  course  of  other  cor- 
porations within  this  our  kingdom  of  England,  and 
the  same  laws,  fines,  mulcts  and  executions,  to 
alter,  change,  revoke,  annul,  release,  or  pardon 
under  their  common  seal,  as  by  the  said  general 
assembly,  or  the  major  part  of  them  shall  be 
thought  fit,  and  for  the  directing,  ruling  and  dis- 
posing of  all  other  matters  and  things,  whereby 
our  said  people  inhabitants  there,  may  be  so  reli- 
giously, peaceably  and  civilly  governed,  as  their 
good  life  and  orderly  conversation  may  win  and 
invite  the  natives  of  the  country  to  the  knowledge 
and  obedience  of  the  only  true  GOD,  and  the 
Saviour  of  mankind  and  the  Christian  faith,  which 
in  our  royal  intentions,  and  the  adventurers  free 
possession,  is  the  only  and  principal  end  of  this 
plantation;  willing,  commanding  and  requiring, 
and  by  these  presents  for  us,  our  heirs  and  suc- 
cessors, ordaining  and  appointing,  that  all  such 
laws,  statutes  and  ordinances,  instructions,  impo- 
sitions and  directions  as  shall  be  so  made  by  the 
governour,  deputy-governour,  and  assistants  as 
aforesaid,  and  published  in  writing  under  their 


184  Charter  of  I662\ 

common  seal,  shall  carefully  and  duly  be  observerfy 
kept,  performed,  and  put  in  execution,  according 
to  the  true  intent  and  meaning  of  the  same,  and 
these  our  letters  patents,  or  the  duplicate,  or  ex- 
emplification thereof,  shall  be  to  all  and  every  such 
officers,  superiors  and  inferiors  from  time  to  time,, 
for  the  putting  of  the  same  orders,  laws,  statutes, 
ordinances,  instructions  and  directions  in  due  exe- 
cution, against  us,  our  heirs  and  successors,  a  suf- 
ficient warrant  and  discharge. 

And  we  do  further  for  us,  our  heirs  and  succes- 
sors, give  and  grant  unto  the  said  governour  and 
company,  and  their  successors,  by  these  presents,, 
that  it  shall  and  may  be  lawful  to,  and  for  the  chief 
commanders,  governours  and  officers  of  the  said 
company  for  the  time  being,  who  shall  be  resident 
in  the  parts  of  New  England  hereafter  mention- 
ed, and  others  inhabiting  there,  by  their  leave,  ad- 
mittance, appointmenty  or  direction,  from  time  to 
time,  and  at  all  times  hereafter,  for  their  special 
defence  and  safety,  to  assemble,  martial-array,  and 
put  in  warlike  posture  the  inhabitants  of  the  said 
colony,  and  to  commissionate,^  impower,  and  au- 
thorize such  person  or  persons  as  they  shall  think 
fit,  to  lead  and  conduct  the  said  inhabitants,  and  to 
encounter,  expulse,  repel  and  resist  by  force  of 
arms,  as  well  by  sea  as  by  land,  and  also  to  kill,, 
slay,  and  destroy  by  all  fitting  ways,  enterprizes, 
and  means  whatsoever,  all  and  every  such  person 
or  persons  as  shall  at  any  time  hereafter  attempt 
or  enterprize  the  destruction,  invasion,  detriment^ 
or  annoyance  of  the  said  inhabitants  or  plantation,, 
and  to  use  and  exercise  the  law  martial  in  such 
cases  only  as  occasion  shall  require  ;  and  to  take 
or  surprize  by  all  ways  and  means  whatsoever,  all 
and  every  such  person  and  persons,  with  their 
ships,  armour,,  am  munition  and  other  goods  of  such 


Charter  of  1662.  185 

as  shall  in  such  hostile  manner  invade  or  attempt 
the  defeating  of  the  said  plantation,  or  the  hurt  of 
the  said  company  and  inhabitants,  and  upon  just 
causes  to  invade  and  destroy  the  natives,  or  other 
enemies  of  the  said  colony. 

Nevertheless,  Our  will  and  pleasure  is,  and  we 
do  hereby  declare  unto  all  christian  kings,  princes, 
and  states,  That  if  any  persons  which  shall  here- 
after be  of  the  said  company  or  plantation,  or  any 
other  by  appointment  of  the  said  governour  and 
company  for  the  time  being,  shall  at  any  time  or 
times  hereafter  rob  or  spoil  by  sea  or  by  land,  and 
do  any  hurt,  violence,  or  unlawful  hostility  to  any 
of  the  subjects  of  us,  our  heirs  or  successors,  or 
any  of  the  subjects  of  any  prince  or  state  being 
then  in  league  with  us,  our  heirs  or  successors,  up- 
on complaint  of  such  injury  done  to  any  such 
prince  or  state,  or  their  subjects,  we,  our  heirs  and 
successors  w^ill  make  open  proclamation  within 
any  parts  of  our  realm  of  England  fit  for  that 
purpose,  that  the  person  or  persons  committing 
any  such  robbery  or  spoil,  shall  within  the  time 
liniited  by  such  proclamation,  make  full  restitution 
or  satisfaction  of  all  such  injuries  done  or  commit- 
ted, so  as  the  said  prince,  or  others  so  complain- 
ing may  be  fully  satisfied  and  contented ;  and  if 
the  said  person  or  persons  who  shall  commit  any 
such  robbery  or  spoil  shall  not  make  satisfaction 
accordingly,  within  such  time  so  to  be  limited,  that 
then  it  shall  and  may  be  lawful  for  us,  our  heirs 
and  successors,  to  put  such  person  or  persons  out 
of  our  allegiance  and  protection ;  and  that  it  shall 
and  may  be  lawful  and  free  for  all  princes  or  oth- 
ers to  prosecute  with  hostility  such  oflfenders,  and 
every  of  them,  their,  and  every  of  their  procur- 
ers, aiders,  abettors  and  counsellors  in  that  behalf. 

Provided  also,  And  our  express  will  and  pleas- 
16* 


186  Charter  of  I662f. 

ure  is,  and  we  do  by  these  presents  for  us,  our 
heirs,  and  successors,  ordain  and  appoint.  That 
these  presents  shall  not  in  any  manner  hinder  any 
of  our  loving  subjects  whatsoever  to  use  and  exer- 
cise the  trade  of  fishing  upon  the  coast  of  New 
England,  in  America,  but  they  and  every  or  any 
of  them  shall  have  full  and  free  power  and  liberty 
to  continue,  and  use  the  said  trade  of  fishing  upon 
the  said  coast,  in  any  of  the  seas  thereunto  adjoin- 
ing, or  any  arms  of  the  seas,  or  salt  water  rivers 
where  they  have  been  accustomed  to  fish,  and  to 
build  and  set  up  on  the  waste  land  belonging  to 
the  said  colony  of  Connecticut,  such  wharves, 
stages,  and  work-houses  as  shall  be  necessary  for 
the  salting,  drying  and  keeping  of  their  fish  to  be 
taken,  or  gotten  upon  that  coast,  any  thing  in  these 
presents  contained  to  the  contrary  notwithstand- 
ing. 

And  know  ye  further.  That  we,  of  our  abun- 
dant grace,  certain  knowledge,  and  mere  motion, 
have  given,  granted,  and  confirmed,  and  by  these 
presents  for  us,  our  heirs  and  successors,  do  give, 
grant  and  confirm  unto  the  said  governour  and 
company,  and  their  successors,  all  that  part  of  our 
dominions  in  New  England  in  America,  bounded 
on  the  east  by  Narraganset  River,  commonly  call- 
ed Narraganset  Bay,  where  the  said  river  falleth 
into  the  sea  ;  and  on  the  north  bv  the  line  of  the 
Massachusetts  plantation  ;  and  on  the  south  by  the 
sea;  and  in  longitude  as  the  line  of  the  Massachu- 
setts colony,  running  from  east  to  west,  that  is  to 
say,  from  the  said  Narraganset  Bay  on  the  east, 
to  the  south  sea  on  the  west  part,  with  the  islands 
thereunto  adjoining,  together  with  all  firm  lands, 
soils,  grounds,  havens,  ports,  rivers,  waters,  fish- 
ings, mines,  minerals,  precious  stones,  quarries, 
and  all  and  singular  other  commodities,  jurisdic- 


Charter  of  1662.  187 

tions,  royalties,  privileges,  franchises,  pre-eminen- 
ces and  hereditaments  whatsoever,  within  the  said 
tract,  bounds,  lands  and  islands  aforesaid,  or  to 
them  or  any  of  them  belonging. 

To  HAVE  AND  TO  HOLD  the  samc  unto  the  said 
governourand  company,  their  successors  and  as- 
signs for  ever,  upon  trust,  and  for  the  use  and  ben- 
efit of  themselves  and  their  associates,  freemen  of 
the  said  colony,  their  heirs  and  assigns,  to  be  hol- 
den  of  us,  our  heirs  and  successors,  as  of  our 
manor  of  East  Greenwich,  in  free  and  common 
soccage,  and  not  in  capite,  nor  by  knights  service, 
yielding  and  paying  therefore  to  us,  our  heirs  and 
successors,  only  the  fifth  part  of  all  the  ore  of  gold 
and  silver  which  from  time  to  time,  and  at  all 
times  hereafter,  shall  be  there  gotten,  had,  or  ob- 
tained, in  heu  of  all  services,  duties  and  demands 
whatsoever,  to  be  to  us,  our  heirs,  or  successors 
therefore,  or  thereout  rendered,  made,  or  paid. 

And  lastly.  We  do  for  us,  our  heirs  and  succes- 
sors,  grant  to  the  said  goverpour  and  company, 
and  their  successors,  by  these  presents,  That  these 
our  letters  patents,  shall  be  firm,  good  and  effec- 
tual in  the  law,  to  all  intents,  constructions,  and 
purposes  whatsoever,  according  to  our  true  in- 
tent and  meaning  herein  before  declared,  as  shall 
be  construed  reputed  and  adjudged  most  favoura- 
ble on  the  behalf,  and  for  the  best  benefit,  and  be- 
hoof of  the  said  governour  and  company,  and 
their  successors,  although  express  mention  of  the 
true  yearly  value  or  certainty  of  tlie  premises,  or 
any  of  them,  or  of  any  other  gifts  or  grants  by 
us,  or  by  any  of  our  progenitors,  or  predecessors, 
heretofore  made  to  the  said  governour  and  compa- 
ny of  the  Enghsh  colony  of  Connecticut,  in  New 
England,  in  America,  aforesaid,  in  these  presents 
is  not  made,  or  any  statute,  act,  ordinance,  provis- 


188  Address  to  King  William, 

ion,  proclamation,  or  restriction  heretofore  had, 
made,  enacted,  ordained,  or  provided,  or  any  oth- 
er matter,  cause,  or  thing  whatsoever,  to  the  con- 
trary thereof,  in  any  wise  notwithstanding. 

In  witness  whereof,  W^  have  caused  these  our 
letters  to  be  made  patents.  Witness  ourself  at 
Westminster,  the  three  and  twentieth  day  of  April, 
in  the  fourteenth  year  of  our  reign.     [1662.] 

By  writ  of  Privy  Seal, 

HOWARD. 


Copy  of  an  Address  to  King   William, 

To  the  most  high  and  mighty  Prince  William, 
by  the  Grace  of  God,  of  England,  Scotland, 
France  and  Ireland,  King,  defender  of  the  fayth, 
&c. 

May  it  please  your  most  excellent  Ma'tie,  we 
your  dutifull  and  loyall  subjects  of  your  Colony  of 
Connecticut  in  New  England,  doe  most  heartily 
rejoyce  in,  and  congratulate  your  Ma'ties  happy 
access  unto  the  imperial  Throne  of  your  King- 
domes  and  Territories  thereunto  belonging,  and 
have  long  since,  upon  the  joyfull  tydings,  pro- 
claymed  your  Ma'tie  in  the  Colony,  together  with 
your  Royall  Consort,  King  and  Queen  of  the  said 
Kingdomes  and  Territories*  in  whose  names  we 
have  ever  since  governed  your  Ma'ties  good  sub- 

*  A  General  Court  held  at  Hartford  June  13th,  1689,  by 
special  order  of  the  Governour — William,  Prince  ot  Orange, 
and  Mary,  Princess  of  Orange,  were  proclaimed  King  and 
Queen  of  England  this  day. 


The  case  of  the  Charter,  189 

jects  here,  haveing  a  Charter  granted  by  King 
Charles  the  second  of  happy  memory,  and  by  rea- 
son of  o'r  not  so  rightly  understanding  the  meth- 
ods used  in  reference  to  the  procedures  against 
Charters  under  the  late  King,  are  brought  under 
som  uneasinesse,  though  we  never  resigned  o'r 
Charter,  nor  was  it  condemned. 

We  doe  therefore  intreat  your  Ma'ties  favour,  to 
confirm  in  the  injoyment  and  improvement  of  the 
liberties,  privileges  and  properties  granted  in  our 
charter,  which  w^e  hope  your  Ma'tie  of  your 
princely  grace  and  wisdom,  will  see  meet  to  con- 
tinue to  vs. 

And  your  Petitioners  shall  ever  pray  for  your 
Ma'ties  long  and  prosperous  Reigne  and  the  in- 
crease of  your  glory. 

ROBERT  TREAT,  GovV. 
Pr  order  of  the  Councill, 

JOHN   ALLYN,  Sec'rv. 

Dated  in  Hartfoix^,  on  Connecticut,  in  New 
England,  Jan'y  3d,  1690. 


The  case  concerning  the  Charter  of  the  Colony  of 
Connecticut,  by  the  Attorney  and  Solicitor  Gen- 
eral and  others. 

The  Corporation  of  Connecticott  Colony,  in 
New  England,  not  having  under  their  publick  Seal 
surrendered  their  Charter,  there  being  no  surren- 
der upon  record,  only  when  it  was  proposed  to 
them  by  the  late  King  James,  that  they  should 
take  their  choice,  whether  thev  would  be  under  the 


190         ^     The  case  of  the  Charter, 

Governour  of  New  York  or  of  Boston,  they  hum- 
bly prayed  that  they  might  still  enjoy  the  privi- 
ledge  of  choosing  their  own  Governour  according 
to  their  Charter.  But  if  the  Kmg  was  resolved 
otherwise,  they  said  they  had  rather  be  under  Bos- 
ton then  under  New  York,  after  which  in  the  year 
1687,  Sr  Edmund  Andross  did  by  a  Commission 
from  the  lale  King  James,  invade  the  liberty  of  the 
people  in  that  Colony,  and  exercise  a  Govern- 
ment over  them,  contrary  to  their  Charter,  which 
they  most  unwillingly  submitted  unto  ;  but  since 
the  late  happy  Revolution  in  England,  the  people 
of  Connecticott,  have  chosen  a  Governour  and  as- 
sistants, according  to  their  Charter,  and  doubt  not 
but  they  have  a  legall  right  to  their  former  privi- 
ledges. 

Quere — Whether  the  Charter  belonging  to  Con- 
necticott, in  New  England,  is  by  means  of  their 
involuntary  submission  to  Sr  Edmund  Andross's 
Government,  void  in  law,  so  as  that  the  King  may 
send  a  Governour  to  them,  contrary  to  their  Char- 
ter priviledges,  v,'hen  there  has  been  no  judgment 
entered  against  their  Charter,  nor  any  surrender 
thereof  upon  record. 

I  am  of  opinion,  that  such  submission  as  is  put 
in  this  case  cloth  not  invalidate  the  charter,  or  any 
the  powers  therein,  which  was  granted  under  the 
great  seal,  and  that  the  Charter  not  being  surren- 
dered under  the  comon  seal,  and  that  surrender 
duly  inrolled  of  Record,  nor  any  judgment  of  Rec- 
ord entered  against  it,  the  same  remains  good  and 
valid  in  the  law,  and  that  the  Corporation  may 
lawfully  execute  the  powers  and  priviledges  there- 


Letter  from  William  III,  191 

by  granted,  notwithstanding  such  submission  and 
appointment  of  a  Governour  as  aforesaid. 

EDWARD  WARD. 

I  am  of  the  same  opinion. 

J.  SOMERS. 

I  am  of  the  same  opinion,  and  as  the  matter  is 
stated,  there  is  no  ground  of  doubt. 

GEO.  TREBY. 
2d  August,  1690. 


A  Letter  from  his  Majesty  William  Sd,  command- 
ing a  levy  of  troops  for  the  aid  and  assistance 
of  the  Province  of  New  York, 

William  R. 

Trusty  and  well  beloved,  we  greet  you  well, — 
W'hereas  it  has  been  represented  unto  us  in  coun- 
cill,  in  behalf  of  our  province  of  New  York,  in 
America,  that  the  same  haveing  been  at  great  ex- 
pence  for  the  preservation  and  defence  of  Albany 
its  frontiers,  against  the  French,  by  the  loss  of 
which  province  the  inhabitants  of  Maryland  and 
Virginia,  would  not  be  able  to  live  but  in  garrison, 
and  haveing  hitherto  preserved  that  post,  the  bur- 
then thereby  is  now  intoUerable  to  the  inhabitants 
there.  We  think  reasonable  and  necessary  that 
our  several  colonys  and  provinces  of  New  Eng- 
land, Virginia,  Maryland  and  Pensylvania,  should 
be  aiding  and  assisting,  from  time  to  time,  to  the 
Governour  or  Commander-in-chief  of  our  said 
province  of  New  York,  in  the  maintenance  and 


192  Letter  from  William  IIL 

defence  of  it,  duering  the  present  warr,  and  accor- 
dingly our  will  and  pleasure  is,  that  upon  apphca- 
tion  of  the  said  Governour  or  Commander-in-chief, 
you  do  immediately  send  him  such  aid  and  assist- 
ance in  men  or  money,  for  the  security  of  our  said 
province,  from  the  attempts  of  the  French  and 
Indians,  as  the  condition  of  the  plantation  or  colo- 
ny under  your  government,  shall  permitt,  and  our 
further  will  and  pleasure  is,  that  as  soon  as  .con« 
veniently  may  be,  you  agree  with  the  governours 
of  New  England,  Virginia,  Maryland  and  Pensyl- 
vania,  unto  whom  we  have  sent  the  like  direction?, 
upon  a  quota  of  men,  or  other  assistance  to  be 
given  by  each  colony  or  province,  for  the  defence 
of  New  York,  as  occasion  may  require  the  same, 
and  that  you  give  a  speedy  account  of  your  pro- 
ceedings herein,  to  the  end  such  further  directions 
may  be  given,  as  shall  be  necessary  for  securing 
the  fort  at  Albany,  and  the  province  of  New  York 
from  the  attempts  of  our  enemies  in  those  parts. 
And  so  we  bid  you  farewell. 

Given  at  the  court,  at  White  Hall,  the  3d  day 
of  March,  1692-3,  in  the  5th  year  of  our  reigne. 
By  his  Majesties  command, 

NOTTINGHAM. 

To  such  as  for  our  time  being,  take  care  for 
preserving  the  peace,  and  administering  the  laws 
in  our  colony  of  Connecticut,  in  our  territory  and 
dominion  of  New  England,  in  America. 


Establishing  a  Posl  Office,  1 93 

■»• 
Establishing  n  Post  Office. 

Province  of  Massachusetts  Bay, 

At  a  Councell  sitting  at  the  Ccmncell  Chamber, 
in  Boston,  upoa  Thursday,  March  ye  30, 1693. 

His  ExclFie  being  absent  from  the  Province, 
Mr,  Stoughton,  Esqr.  Leivt.  Governor. 

James  Russeli^ 

John  Joyllife, 

John  Walley, 

Sam'll  Hayman, 

Rich'd  Middlecut,    I    p 

John  Richards,  ^       ^ 

Sam'll  Sewall, 

Peter  Sarjeant, 

Joseph  Lynde, 

Ada3i  Winthrop.       j 

Whereas  their  most  excellent  Majesties  by  their 
letters  pattents,  under  the  great  seal  of  England, 
have  granted  unto  Thomas  Neale,  Esqr.  his  exec- 
utors, &c.  full  power  and  authority  to  erect,  settle 
and  establish  within  the  chief  ports  of  the  seveiall 
Islands,  Colonies  and  Plantations  in  America,  an 
office  or  offices  for  the  receiving  and  dispatching 
of  letters  and  packetts  for  the  encouragement  and 
benefit  of  trade  and  correspondence,  to  be  held, 
used,  exercised  and  injoyed  by  the  said  Thomas 
Neale  his  Execu'rs,  Adm'rs,  and  Assignes  dureing 
the  term  of  twenty  one  years  in  the  said  letters 
pattents  mentioned ;  and  her  sacred  Maj'tie,  the 
Queen  having  speedily  recommended  unto  his 
Excell'cy  the  Govern'r  the  assisting  and  counten- 
ance of  Andrew  Hamelton,  Esqr.  deputed  and 
constituted  to  govern  and  mannage  the  said  Gen'll 
17 


194.  Establishing  a  Post  Office, 

Post  office  for  and  throughout  all  the  plantations 
and  colonies  upon  the  main  land  or  continent  of 
North  America,  his  deputy  agents  or  servants 
upon  all  occasions  in  the  management  of  the  said 
general  post  office,  and  the  due  execution  of  all 
and  singular  the  power  and  authoritys  contayned 
in  the  said  letters  patents.  And  whereas,  the  said 
Andrew  Hamelton,  Esq.  hath  attented  his  Ex- 
cell'cy  and  councell  about  that  affair,  presenting 
a  raemoriall,  therein  proposeing  the  rates  to  be 
assertained  for  the  posts  of  letters,  &c.  and  to  be 
continued  by  the  space  of  three  years  next  come- 
ing,  and  severall  fredomes  and  immunities  to  be 
granted  unto  such  as  shall  be  imployed  under  him 
as  post  masters  at  the  respective  stages,  which 
proposalls  for  the  post  of  letters,  are  as  follows, 
that  is  to  say  from  Europe,  two  pence,  ye  West 
Indies,  or  from  any  parts  beyond  sea,  two  pence 
each  single  letter,  which  is  to  be  accounted  such 
altho  it  claimes  bills  of  lading,  Gazets,  Invoyces, 
&c.  and  for  all  packetts  of  letters,  four  pence, 
and  if  letters  or  packetts  lye  at  the  post  office 
uncalled  for  by  the  space  of  forty  eight  hours,  the 
postmaster  then  sending  them  forth  to  the  respec- 
tive houses  of  the  persons  to  whom  they  are 
directed,  one  penny  more  for  every  such  letter  or 
packett.  The  post  of  inland  letters  to  be  as  fol- 
lows, that  is  to  say,  to  be  from  Rhod  Island  to 
Boston  after  the  rate  of  six  pence  for  each  single 
letter,  and  soe  in  proportion  to  the  greatness  and 
quantity  of  letters,  and  for  letters  taken  in  upon 
post  in  Connecticott  colony  for  Boston,  after  the 
rate  of  nine  pence  for  each  single  letter,  to 
or  from  New  York,  after  the  rate  of  twelve  pence 
for  each  single  letter,  to  or  from  Jersies  or  Pensil- 
vania,  after  the  rate  of  fifteen  pence  for  each 
single  letter,  to  or  from  Virginia  or  Maryland, 
after  the  rate  of  two  shillings  for  each  single  letter, 


Winthrops  Commission,  195 

and  so  proportionably  aforesaid,  to  or  from  Salem, 
after  the  rate  of  three  pence  for  each  single  letter, 
to  and  from  Ipswich,  Newberry  or  other  places 
within  this  province,  four  pence  for  each  single 
letter,  to  and  from  Piscatagua,  six  pence  for  each 
single  letter,  and  so  in  proportion.  All  publique 
letters  to  be  receaved  and  dispatched  free  of 
charge. 

And  that  the  post  pass  fferridges  free  within 
within  this  province.  In  consideration  whereof, 
the  said  Andrew  Hamelton,  Esqr.  doth  ingage  to 
erect  the  said  post  office  at  Boston,  by  the  begin- 
ning of  May  next,  and  that  the  post  shall  passe 
from  Boston  to  New  Yorke,  and  from  Boston  to 
Pensilvania  every  week,  and  will  state  the  Satter- 
day  for  its  setting  forth  and  returning.  The 
Leivt.  Gov'r  and  Councill  adviseing  upon  the  afore- 
said proposalls,  and  apprehending  the  said  under- 
taking to  be  for  their  Maj'ties  service,  and  for  the 
great  advantage  of  correspondence  and  trade  and 
Comerce,  do  so  farr  approve  thereof  as  to  recom- 
mend the  same  to  the  Generall  Assembly  at  their 
next  setting  to  be  enacted  with  such  further  free- 
dome  and  immunities  to  the  post  master  as  may 
be  encourao-ino;,  &:c. 

By  order  of  the  Leivt.  Gov'r  and  Councill. 

JAS.  ADDINGTON,  SecV. 


Winthrops  Commisssion  as  Agent  of  the  Colony. 

We  the  Governour  and  Generall  Assembly  of 
their  Majesties  Colony  of  Connecticut,  in  New 
England,  having   speciaal   ocasion  to  make  our 


196^  Winihrops  Commission, 

humble  address  and  petition  to  our  Sovraign  Lord 
and  Lady,  King  William, and  Queen  Mary,  whom 
God  Almighty  preserve  and  bless,  with  reference 
to  our  Charter  priviledges  in  general,  and  more 
especialy,  with  reference  to  the  militia  of  this 
Colony.  And  having  concluded  upon  the  said 
address  and  petition,  reposing  special  trust  and 
confidence  in  the  wisdom  and  prudence  of  you 
Major  Gen'U  Ffitz  John  Winthrop,  Esqr.  have 
nominated,  chosen,  desired,  commissioned  and 
impowered,  and  do  hereby  fully  and  duly  nomin- 
ate, choose,,  desire,  commission  and  impower  you 
the  aforenamed  Ffitz  John  Winthrop,  Esqr.  for 
us  and  in  our  behalf  personaly  to  appear  before 
our  said  Sovraign  Lord  and  Lady,  the  King  and 
Queens  Ma'ties,  or  such  others  as  under  them 
may  so  have  cognizance  of  our  said  affair,  and 
unto  them  to  present  our  said  humble  adress  and 
petition,  and  before  them  to  transact  what  you 
have  in  instruction,  relating  to  the  said  affair  or 
whatever  else  may  seem  to  you  or  your  counsel- 
ours  reasonably  conduceing  to  the  ends  of  the 
said  address  and  petition,  and  if  by  the  Provi- 
dence of  Almighty  God,  you  are  Kindred  from 
makeing  your  personal  appearance,  then  to  ap- 
point and  impower  such  other  person  or  persons 
in  your  stead,  as  may  to  you  seem  reasonable, 
and  by  al  due  indeavours  to  obtain  their  Maj'ties 
gratious  approbation  of  our  government  as  estab- 
lished by  Charter,  and  especialy  the  command  of 
the  militia  here,  be  not  altered  from  us  to  persons 
of  other  provinces,  but  continued  with  us  as  hith- 
erto it  hath  been,  and  to  that  end,  to  ansv^er  and 
reply  to  whatsoever  may  be  objected  against  the 
same,  and  to  act  and  do  in  al  things  lawful  in  the 
premises  and   matters    whatsoever  shall  prove 


Instructions  to  Winthrop,  197 

reasonably  necessary,  w'ch  we  will  accordingly 
hold  for  good. 

Dated  in  Hartford,  in  New  England,  1st  day  of 
Sept.  Anno.  Dom.  1693,  and  in  the  5th  yeare  of 
their  Maj'ties  Reigne,  and  given  under  the  seal  of 
their  Maj'ties  Colony  of  Connecticut,  and  signed 
by 

ROBERT  TREAT,  Gov'r. 

By  order  of  the  General  Court, 

John  Allyn,  Secretary. 


Instructions  to  Agent  Winthrop, 

Instructions  for  the  Hon'ble  Major  Generall 
Fitz  John  Winthrop,  Esqr.  from  the  Governour 
and  Generall  Assembly  of  their  Majesties  Colony 
of  Connecticutt,  in  New  England. 

1st.  Hon'ble  Sr,  be  pleased  to  take  notice  of 
the  Commission  you  have  from  us,  and  our  address 
and  petition  to  their  Majesties,  our  Soveraigne 
Lord  and  Lady,  King  William  and  Queen  INIary, 
in  the  Generall  scope  and  purport  of  them  whitch 
is  to  retaine  our  Charter  priviledges,  and  in  spe- 
ciall,  the  use  of  the  militia  to  avoyde  trouble  from 
male  contents  at  home  and  the  overruleings  of 
strangers  abroad  by  obteyning  their  Ma'ties  con- 
firmation of  us  or  what  other  countenance  they 
shall  please  to  give  us  in  these  respects. 

2dly.  You  are  to  remember  we  have  layd  in- 
to our  Treasurers  hands  a  supply  of  money  for 
your  Honours  service  in  the  affayre,  which  please 
to  draw  out  as  you  see  cause  and  have  occasion, 

17* 


I9S  Instructions  to  WintTirop, 

onely  we  advise  not  to  transport  any  considerable 
SLimms,  but  to  remit  it  to  England  by  Bills  of  ex- 
change as  you  please. 

3dly.  We  entreat  and  advise  that  you  take  the 
soonest  and  safest  opportunely  to  transporte  your- 
self to  London,  and  that  you  be  in  all  respects  ac- 
comodated according  to  your  qualHty  and  busi^ 
nesse  soe  far  as  our  poore  abillity  will  admitt. 

4thly.  That  you  take  with  you  besides  our  ad- 
dress, your  commission  and  these  instructions  and 
such  other  books  and  papers  as  the  Governo'r  and 
Councill  may  give  you,  or  yourself  foresee  may 
be  usefuU  in  your  negotiation,  particularly  a  copy 
of  our  Charter,  one  of  our  Law  Books,  printed, 
and  maniescript  to  represent  the  constitution  of 
the  militia  and  other  our  concerns,  and  a  narrative 
of  the  fidelity  we  have  used  in  the  warrs  from 
first  to  last,  to  satisfy  their  Ma'ties  that  we  have 
given  good  proofe  of  our  industry  in  that  poynt  in 
speciall. 

5thly.  That  you  indeavour  as  speedy  an  ad- 
mission unto  their  Ma'ties,  or  Councills,  audien- 
ces as  may  bee,  first  informeing  yourselfe  whether 
any  new  occurrences  there,  have  happened  re- 
specting us. 

6thly.  We  know  you  canot  forget  or  be  unac- 
quainted with  the  various  designements  from  and 
for  both  Yorke  and  Boston,  which  you  are  to  have 
ey  upon,  as  they  may  influence  upon  us,  and  use 
and  avoyde  them  as  is  most  conducive  to  your 
owne  business. 

7thly.  You  will  doe  well  to  observe  what  is 
most  gratefull  and  pleassant  at  Court  and  cast 
your  application  into  the  mould  of  prudence  to 
render  it  most  acceptable,  speedy  and  successful). 

8thly.     That  you  indeavour  to  make  what  just 


Instructions  to  Wintlirop.  199 

interest  you  may  with  persons  that  may  help  for- 
ward your  purposes. 

9thly.     That   on  your   audience  (if  God  shall 
grant.it,)  you  give  a  more  dilated  demonstration 
of  tlie  chiefe  things  in  the   addresse  either  oraly 
or  by  writeing  or  both,  as  you  see  best,  and  espe- 
cially that  you  labour  to  sattisfy  their  Ma'ties  that 
our  condition  and  useage  is   such  that  we  cannot 
be  in  any  other  figure  without  general!  discourage- 
ment, and  what  is  next  to  ruein  unto  us,  the  dem- 
onstration of  which  may  much  avayle,  and  that 
there  is    and   hath   been   a   generall  satisfaction 
amongst  their  subjects  here  in  the  forme  of  Gov- 
ernment by  the  charter,  and  a  serviceableness  re- 
sulting from  it,  which  will  be  we   suppose  the  sat- 
isfyeing  the  subjects  of  their  Ma'ties  in  things  not 
unjust  nor  detrimentall  to  their  Ma'ties  interest, 
will  weigh  much  in  the  issueing  it,  and  among  oth- 
er demonstrations,  you  may  make  of  the  acquies- 
sence  of  the  people  in  theire  present  settlement, 
you  may  aledge  that  of  about  three  thousand  men 
in  the   Colony,  about  two  thousand  two  hundred 
perticularly  appeared  to  make  this  address,  and 
most  of  the  rest  concluded  to    agree,  though  by 
private  occasions,  and  not  by  their  respective  town 
meetings  ;  the  known  generall  voyce  for  it  at  the 
revolution  when  Sr  Edmund  Andross  was  at  Bos- 
ton, their  quiet  under   it  ever  since  ;  the  pawcity 
of  male  contents  and  amon^  them  few  have  facts 
of  value  for  any  good  qualification,  so  that  were 
it  not  for  three  or  four  persons  there  is  no  appear- 
ance of  any  considerable,  and  that  these  appeare 
possibly  in  the  magmfyeing  glass  of  some  neigh- 
bours representations  in  England  far  greater  then 
they  are. 

lOthly.     You  must  informe  their  Ma'ties  of  the 
state  of  the  Militia  here  that  it  is  far  different  from 


200  Instructions  to   Winthrop, 

what  it  is  in  England,  namely  that  all  male  per- 
sons from  sixteen  to  sixty  years  of  ao^e  are  soul- 
diers,  and  so  necessitated  to  be  from  the  scatter- 
ednesse  of  the  country,  fewnes  of  us  all,  and  dan- 
gers from  enemies,  so  that  to  oi'der  the  Militia 
here  to  the  Governo'r  of  an  other  Province,  is  to 
deliver  us  up  as  to  our  persons  intire  to  such  other 
Governo'r ;  none  save  Magistrates,  Ministers, 
Physitians,  Millers  and  impotent  persons  will  be- 
left,  and  this  we  conceive  may  avayle  much  for 
the  continuance  of  the  Militia  as  it  is  and  hath 
been,  and  the  great  wages  we  pay  souldiers,  thir- 
teen shillings  a  weeke  in  dyet  and  wages  to  a  pri- 
vate sentinell. 

llthly.  You  may  see  cause  to  acquaint  their 
Ma'tiesof  the  great  distance  we  are  at  from  Bos- 
ton and  Yorke,  and  the  necessary  inconveniencies 
resulting  therefrom  if  the  rule  of  the  Militia  be 
in  other  hands  then  some  of  their  subjects  here  re- 
sideing. 

12thly.  The  necessary  dependance  of  the  civ- 
ill  Government  on  the  power  of  the  Militia  in  this 
far  distant  country,  so  that  it  will  hardly  be  exe- 
cuted here,  or  at  the  best  be  very  despicable,  and 
consequently  rendered  difficult  to  discouragement. 

13thly.  The  difficulty  of  capitulating  and  set- 
ling  any  articles  or  tearmes  for  the  use  of  the  Mi- 
litia for  the  defence  of  the  Colony  support,  or  ex- 
ecuting the  civiil  part  of  the  Government,  with 
the  Governour  of  an  other  jurisdiction  in  which 
we  are  or  may  be  subject  to  be  over  ruled  on  all 
occasions. 

14thly.  You  may  urge  as  farr  as  is  fitting  any 
thing  you  may  be  advised  of  as  our. right  in  Law 
to  the  use  under  their  Ma'ties  of  the  Militia  here, 
so  that  if  justice  or  prudence,  both  or  either  may 


Instructions  to  Winthrop,  201 

hold  it  to  us  we  may  retayne  it  since  we  look  on 
ourselves  as  next  to  undone  if  we  have  it  not. 

15thly.  If  you  be  interogated  why  we  com- 
playned  not  with  Sr  Wni.  Phips  his  Lieutenancy, 
you  may  reply  that  he  never  came  on  the  place, 
nor  acted  on  it  farther  then  to  give  a  copy  of  his 
commission  and  to  inquire  who  w^ere  our  officers 
in  commission,  and  that  Ave  haveing  a  commission 
(so  to  call  our  charter)  could  not  judge  it  our  duty 
to  wave  it,  at  least  till  we  had  been  heard  in  the 
matter  before  their  Ma'ties,  whose  justice  and 
clemency  we  know  to  be  so  great,  especially  since 
no  order  to  us  from  their  Ma'ties  about  it. 

17thly.  You  are  to  assure  their  Ma'ties  that  the 
Militia  here  is  and  shall  (with  all  the  prudence  and 
faythfullnesse  God  shall  give  us)  be  improved  to 
their  Ma'ties  best  interest,  and  that  we  have  ayded 
and  shall  ayde  to  our  abillity  our  neighbours  at 
Boston  and  Yorke  with  the  same. 

ISthly.  You  may  give  an  accompt  of  our 
ayde  sent  to  Albany  when  yourself  w^as  there, 
which  was  a  juncture  that  required  the  secureing 
the  five  Nations  of  Indians,  and  keeping  the 
French  at  least  at  home,  and  when  that  Govern- 
ment w^as  so  dissetled  that  then  thei'e  for  secureing 
their  Ma'ties  interest,  w^e  voluntarily  spent  above 
two  thousand  pownds  and  lost  severall  men,  be- 
sides Capt.  Bulls  expedition  who  Garrisoned  there 
at  Albany  when  Senecktaga*  was  surprized. 

I9thly.  You  are  to  informe  that  our  scituation 
is  such  that  the  townes  up  the  river  are  ours,  and 
a  great  part  of  the  New  England  fronteer  and  an 
ordinary  way  of  the  Maquaesf  return  from  Can- 
ada, and  where  from   Canada  divers  incursions 


*  Schenectady. 

f  The  name  of  a  tribe  of  Indians, 


202  Instructions  to  Winthrop. 

have  been  made  and  are  continually  feared,  which 
we  are  continually  put  upon  guarding  and  releiv- 
ing,  for  which  reason  the  less  is  to  be  expected  to 
be  done  by  us  elsewhere. 

20thly.     Allso  our  continuall  danger  by  the  sea 
coast,  where  are  but  few  men  for  so  long  a  shoare. 

21st.  If  on  advice  you  find  our  address  and 
petition  to  their  Ma'ties  not  so  advantagiously 
drawne  as  may  be,  you  may  draw  another,  keep-  | 
ing  the  same  generall  purport  with  that,  and  signe 
and  nresent  and  manage  it  in  our  behalfe  accord- 
ing to  these  our  instructions. 

22d.      You  may  opportunely  mix  and  link  in 
your  discourses,  the  hard  adventures  of  our  pre- 
decessors and  selves,   our   full  estabhshment,  our 
unchangeablenesse  to  the  Crown,  our  peaceable- 
ness  with    our  neighbours,  with  what  other  good 
character  your  Honour  can  truely  and  modestly 
make  us  on  this  occasion,  so  necessarily  requireing   ; 
it,  and  that  the  sence   and  dependence    of  theire   j 
Ma'ties  subjects  is,  that  they  shall  not  now  at  least   j 
be  frustrate  of  the  ends  of  so  good  and  chargea-   j 
ble  and  extreemly  laborious  a  settlement  as  they  J 
are  arrived  at.  ; 

Many  other  things  may   occurre   as   necessary 
in  this  transaction,  which  we  generally   leave  as   I 
we  doe  these   instructions   to  your  Honours  pru- 
dence and  that  of  the  gentlemen  with  home  you 
shall  have  occassion  to  consult  herein.  ; 

And  we  pray  your  Honour  to  use  all  opportu-  ^ 
neties  for  a  good  and  speedy  issue,  and  that  in  the  i 
interim  you  give  us  by  all  seasonable  occasions  of  ; 
conveyance  an  accompt  of  your  transactions,  our  ■ 
prayers  shall  waite  on  the  Throne  of  Grace  for  : 
your  conduct  and  a  blessing  in  a  happy  resolution  | 
of  these  matters,  and  your  Honours  safe  and  hap- 


Col.  Fletchers  Letter,  203 

py  returne.     Sr,  we  are  your  Hono'rs  friends  and 
Humble  Servants. 

ROBERT  TREAT,  Governour. 

Pr  order  of  the  Generall   Court,  Sept'r  2d,  1693. 

JOHN  ALLYN,  Sec'ry. 
Hartford,  Sept.  1,  1693. 

The  16th  article  being  slipt,  is  here  inserted. 

16th.  You  may  represent  to  their  Ma'ties  that 
we  have  no  temptation  to  hold  the  use  of  the  Mi- 
litia from  any  sinister  ends,  as  proffit  &;c.,  but 
merely  for  our  safety  and  peace,  &c. 


Col,  Fletchers  LeVer  demanding  the  command  of 
the  Militia  of  Connecticut. 

To  the  Governour  and  Generall  Court  of  Con- 
necticut sitting  att  Hartford,  Oct.  ye  26th,  1693. 

Gentlemen — I  have  received  your  papers 
which  is  noe  answer  to  my  memorial,  for  I  doe 
not  demand  the  Militia  from  yoq,  knowing  very 
well  as  you  yourselves  doe,  that  you  have  no  right 
to  itt,  being  settled  on  the  Kings  and  Queens  of 
England  and  their  successors,  by  severall  acts  of 
Parliament  and  by  noe  power  on  earth  can  be  de- 
mised from  the  present  possessor  of  the  Crown, 
but  I  have  in  tender  regard  to  this  English  Colo- 
ly  given  in  my  memorial  to  you,  the  present  ad- 
ministrators of  the  Goverm't  here,  in  expectation 
of  your  ready  complyance  to  their  Maj'ties  Pat- 
tent  and  your  assistance  to  me,  being  a  stranger  in 


204  Coh  Fletchers  Letter, 

these  parts,  for  the  more  speedy  and  effectuall  ex- 
ecution of  that  lawfull  commission  which  is  grant- 
ed in  grace  by  their  Maj'ties,  as  well  for  your  se- 
curity and  defence  as  the  assertion  of  their  own 
right,  and  this  has  in  no  part  of  their  dominions 
found  a  rub  or  contest. 

1  doe  therefore  in  their  Maj'ties  names  demand 
your  obedience  to  this  commission,  as  you  will  an- 
swer the  ill  consequences  that  will  ensue,  and  ex- 
pect a  speedy  replye  in  two  words  yes  or  no. 

BEN.  ffletcher; 

By  his  Excellency  Benjamin  Fletcher,  his  Maj- 
'ties Liev't  and  Commander  in  Chiefe  of  the  Mili- 
tia, and  of  all  the  Forces  by  Sea  and  by  Land, 
wnthin  their  Majesties  Collony  of  Connecticutt, 
and  of  all  the  Forts  and  places  of  strength  within 
the  same. 

M.  CLARKSON,  Sec'ry. 


Note. — Col.  Fletcher,  Governor  of  New  York,  had  recei- 
ved a  commission  to  command  the  whole  Militia  of  Connec- 
ticut, which  was  inconsistent  with  the  Charter  rights  of  the 
Colony ;  on  the  26th  Oct.  he  came  to  Hartford,  where  the 
General  Court  was  in  Session,  and  in  his  Majesty's  name 
demanded  that  the  Militia  of  the  Colony  should  be' submit- 
ted to  his  command.  The  Militia  of  Hartford  was  called 
out ;  but  the  General  Court  persisted  in  refusing  to  submit  to 
the  demands  of  Fletcher.  A  commission  was  tendered  to 
Gov.  Treat,  authorizing  him  to  command  the  Militia  as  a 
Lieutenant  under  Fletcher,  but  the  Assembly  would  not  sub- 
mit, and  the  tender  was  not  accepted  :  the  Militia  of  Hart- 
ford having  paraded,  and  as  the  tradition  is,  while  Captain 
Wadsworth  the  Commanding  Officer  was  walking  in  front 
of  the  companies,  Col.  Fletcher  ordered  his  commission  to 
be  read.  Capt.  Wadsworth  instantly  ordered  the  drums  to 
beat ;  and  there  was  such  a  roaring  of  them  that  nothing 
else  could  be  heard.  Fletcher  commanded  silence  :  but  no 
sooner  had  the  rea.ding  commenced  again,  than  Wadsworth 
commands  "drum,  drum,  I  say."     The  drummers  understan- 


Gen,  Winthrops  Petition,  205 

ding  their  business,  instantly  made  another  tremendous  roar 
of  the  drums.  Silence  says  Fletcher.  But  no  sooner  did 
silence  ensue  than  Wadsvvorth  speaks  with  great  earnestness, 
*'drum,l  say,"  and  immediately  turning  to  Fletcher,  said  "if 
I  am  interrupted  again  I  will  make  the  Sun  shine  through 
you  in  an  instant."  He  spoke  with  such  decision  and  ener- 
gy in  his  voice,  and  meaning  in  his  countenance,  that  no 
further  attempts  were  then  made  to  read  the  commission.— 
Large  numbers  of  people  had  assembled,  and  becoming  much 
excited.  Col.  Fletcher  entertained  doubts  for  his  personal 
safety,  and  judged  it  expedient  soon  after  to  leave  the  place 
and  return  to  New  York. 


Gen,  Winthrop's  Petition  to  the  King,  relative  to 
the  Commission  of  Gov't  Fletcher. 

To  THE  King's  most  Excellent  Majesty — ■ 

The  Humble  Petition  of  your  Majesties  loyall 
and  dutifull  subjects,  the  Governour  and  Compa- 
ny of  the  English  Colony  of  Connecticut,  in  New 
England  in  America,  presented  by  Major  General 
Fitz  John  Winthrop  Esqr,  their  Agent  in  that  be- 
halfe  lawfully  authorized,. sheweth  : 

That  your  Petitioners  by  Letters  Pattents,  of 
the  late  King  Charles  the  second,  under  the  great 
Seal  of  England,  in  the  fourteenth  year  of  his 
Reigne,  were  incorporated  by  the  name  of  the 
Governor  and  Company  of  the  English  Colony 
of  Connecticut,  in  New  England  in  America,  and 
by  several  constitutions  and  powers  specified  in 
the  said  Letters  Pattent,  had  granted  to  them  as 
well  the  civill  administration  of  the  affairs,  as  the 
Lieutenancy   and   power   of  ordering,   arraying, 

18 


206  Gen,  Winthrops  Petition. 

modelling  and  conducting  the  Melitia  of  the  said 
Colony,  for  the  special  defence  and  security  of  the 
same. 

That  your  Petitioners  from  the  date  of  the  said 
grant,  untill  the  month  of  October  last,  have  en- 
joyed the  said  liberties  and  priviledges  without  for- 
feiture or  mollestation  therein  [except  a  little  in- 
terruption they  receivedj  upon  the  general  im- 
peachment of  the  English  Liberties,  towards  the 
latter  end  of  the  Reigne  of  the  late  King  James 
the  second,]  to  the  great  encrease  and  comfort  of 
the  inhabitants  of  the  said  Colony,  and  the  de- 
fence and  security  of  your  Majesties  neighbouring 
Provinces. 

That  Benjamin  Ffletcher  Egqr,  the  present  Gov- 
ernour  of  your  Majesties  Province  of  New  York, 
in  the  said  month  of  October  last,  by  colour  of 
your  Majesties  commission,  whereby  (for  the  uni- 
ting the  forces  of  the  said  Province  and  Colony, 
against  the  common  enemy,)  he  was  created  your 
Majesties  Commander  in  Chief  of  the  Mehtia  of 
the  said  Colony,  did  demand  of  your  Petitioners, 
not  only  to  submitt  to  him  as  Lieutenant  General 
and  Commander  in  Chief  over  the  full  Quota  of 
the  Militia  of  that  Colony  in  conjunction  with 
those  of  the  Province  of  New  York  and  the  other 
adjacent  Governments,  (which  your  Petitioners 
were  always  ready  to  doe,  and  to  send  their  said 
Quota,  when  and  wherever  commanded  by  him,) 
but  likewise  that  your  Petitioners  should  surren- 
der to  him  the  perticular  Lieutenancy  of  the  said 
Colony  of  Connecticutt,  and  their  power  of  as- 
sessing, modelling  and  establishing  the  Militia 
thereof,  granted  to  them  by  the  said  Charter, 
threatning  withall  to  enforce  obedience  to  his  said 
demands,  to  the  great  terrour  and  discouragement 
of  the  inhabitants  of  your  Majesties  said  Colony. 


Order  of  Lords  of  Privy  Council.         207 

That  the  said  Benjamin  Ffletcher  hath  likewise 
endeavoured,  by  several  artifices,  to  insinuate  him- 
self into  the  civill  government  of  the  said  Colony; 
and  such,  the  proceedings  of  the  said  Benjamin 
Ffletcher,  are  repugnant  to  the  before  mentioned 
grant  of  King  Charles  the  second,  and  the  true 
intention  of  your  Majesties  said  commission,  (as 
your  petitioners  do  in  all  humility  conceive.) 

Your  petitioners  therefore  humbly  pray,  that 
the  said  Commission  may  receive  such  explana- 
tion and  restriction,  and  your  petitioners  have 
such  speedy  reliefe  and  order  for  the  quieting  the 
said  difference  for  the  future,  as  to  your  Majesty, 
in  your  royall  justice  and  wisdome  shall  seem 
most  conduceing  to  the  prosperity  of  your  Ma- 
jesties people  and  interests  in  the  said  colony  of 
Connecticut — and  your  petitioners  as  in  duty 
bound,  shall  ever  pray,  &c. 

X  WINTHROR 

January,  1694. 


An  order  of  the  Rt.  Hon,  the  Lords  of  the  Privy 
Council,  refering  the  Petition  of  the  Governour 
and  Company  of  the  Colony  of  Connecticut, 
to  the  Lords  of  the  Council  of  Trade^ 

Att  the  Court  at  White  Hall,  ) 
the  29  January,  1694.      \ 

By  the  Lords  of  their  Majesties 

most  Hon'ble  Privy  Councill — 

Upon  reading  the  annexed  Petition  of  the  Gov- 
ernour and  Company  of  the  English  Colony  of 


208      Objections  to  conduct  of  Gov,  of  N.  Y, 

Connecticut,  in  New  England,  in  America,  pre- 
sented by  their  Agent,  Major  Gen'l  Fitz  Jon  Win- 
throp,  complaining  of  the  proceeding  of  Collonel 
Benjamin  Fletcher,  Governour  of  New  York,  in 
relation  to  the  said  Colony,  and  praying  to  be  re- 
lieved ;  it  is  tliis  day  ordered  in  Councill,  that  it 
be,  and  it  is  hereby  refered  to  the  Right  Honnour- 
able  the  Lords  of  the  Comittee  of  trade  and  plan- 
tations, to  examine,  and  consider  of  the  matter  of 
the  said  petition,  and  to  report  to  this  board,  what 
their  Lordships  conceive  fit  for  his  Majesty  to  do 
therein, 

RICHARD  COLLINGE. 


Objections  raised  to  the  conduct  and  proceedings 
of  the  Governour  of  New  York, 

The  case  of  the  Governour  and  Company  of  the 
English  Colony  of  Connecticut,  in  New  England, 
in  America,  in  relation  to  the  pretensions  of  his 
Excellency,  Benjamin  Ffletcher,  Esqr.  the  present 
Governour  of  New  York,  laid  before  the  Rt.  Hon^- 
ble  the  Lords  of  the  Councill  of  Trade,  by  Gen. 
Winthrop. 

The  said  Governour  and  Company  were  incor- 
porated by  Letters  Patents  of  King  Charles  the 
second,  in  the  fourteenth  year  of  his  Reign,  which 
among  several  other  powers  and  constitutions  for 
the  civill  Government  of  the  said  Colony,  con- 
veyeth  to  the  Governour  of  the  said  Company 
*'  for  the  time  being,  or  others  by  his  appointment 
and  direction,  authority  to  assemble,  martial,  ar- 
ray and  put  in  warlike  posture,  the  inhabitants  of 


Objections  to  conduct  of  Gov.  ofN.  Y,      209 

the  said  colony,  and  to  commissionate  such  per- 
sons as  they  shall  think  fitt  to  lead  and  conduct 
the  said  inhabitants,  and  to  encounter,  expulse, 
ifec.  for  the  special  defence  of  the  said  colony." 

There  is  likewise  in  the  said  Charter,  a  clause 
for  the  more  beneficial  construction  thereof  on  the 
behalf  of  the  corporation  :  and  another  of  nonob- 
stante  to  all  statutes,  &c.  repugnant  to  the  said 
grant. 

According  to  which  Charter  the  Governour  of 
the  said  Company  for  the  time  being,  and  such  as 
were  commissionated  by  him,  have  all  along  had  the 
command  of  the  militia  of  the  said  colony,  for  the 
special  defence  thereof;  and  the  said  mihtia  has 
been  levied,  proportioned  and  modelled  according 
to  the  locall  stattutes  and  orders  of  the  Colony, 
made  with  great  regard  to  the  abilities  and  condi- 
tion of  the  respective  towns  and  divisions  therein, 
and  in  prefect  subserviency  to  the  laws  of  Eng- 
land ;  by  means  of  which  constitution,  this  colony 
has  ever  since  the  said  incorporation,  flourished  in 
improvements,  added  to  the  numbers  of  its  people, 
defended  itself  in  time  of  war  without  the  help  of 
the  neighbouring  provinces,  who  yet  it  hath  not 
spared  to  assist,  when  invaded,  with  men,  money 
or  ammunition,  according  as  was  most  wanted. 

And  the  inhabitants  thereof,  have  continually 
behaved  themselves  with  such  unblemished  loy- 
alty towards  the  crown  of  England,  that  in  the 
late  Reigns,  when  a  very  slender  pretence  served 
for  aground  of  seizing  the  liberties  of  corporations, 
as  legally  forfeited,  there  was  not  so  much  as  a 
colour  found  out  to  vacate  the  said  Charter. 

Since  the  warr  now  depending  with  France,  it 
seemed  fitting  to  their  present  Majesties,  that  the 
mihtia  of  several  neighbouring  colonys  and  pro- 
vinces in  America,  should  upon  occasion  act  in 
y  18* 


210      Objections  to  conduct  of  Gov.  of  N.  Y, 

conjunction,  under  the  command  of  one  experi- 
enced Commander-in-chief,  for  the  common  safe- 
ty of  the  Enghsh  interest ;  and  thereupon  their 
said  Majesties,  did  in  the  third  year  of  their  reigne, 
constitute  Sr  Wilham  Phipps,  Knight,  Command- 
er-in-chief of  all  the  militia,  and  forces  by  land 
and  sea,  within  the  several  colonyes  of  Connecti- 
cut, Rnoad  Island,  Providence  Plantation,  the 
Naraganset  country  or  Kings  province,  and  the 
province  of  New  Hampshire.  To  which  Com- 
mission of  Sr  William  Phipps,  the  Governour  and 
Company  of  Connecticut,  did  never  give  up  the 
Command  of  the  militia,  so  granted  to  them,  but  yet 
did  not  refuse  to  attend  him  with  their  quota  of  the 
mihtia  of  Connecticut,  to  act  with  the  other  forces 
under  his  command,  and  in  such  manner,  as  to 
him  should  seem  most  conduceing  to  the  com- 
mon security. 

Afterwards,  in  June  last,  their  Majesties  think- 
ing it  more  convenient  that  the  militia  of  Connec- 
ticut should  act  in  conjunction  with  that  of  New 
York,  then  with  those  of  the  colonys  above  named, 
by  Commission  superseded  the  said  power  grant- 
ed to  Sr  Wilham  Phipps,  as  to  the  militia  of  Con- 
necticut, and  transfered  the  same  to  Benjamin 
Fletcher,  Esqr.  the  present  Governour  of  New 
York,  and  the  Governour  of  New  York  for  the 
time  being. 

That  by  colour  of  which  last  commission,  the 
said  Benjamin  Fletcher,  doth  not  only  challenge 
the  chief  command  and  conduct  of  the  quota  of  the 
militia  of  Connecticut,  when  raised  with  the  other 
militia  of  his  Governments,  for  the  publick  securi- 
ty (which  the  said  Governour  and  company  were 
always  ready  to  submitt  to,)  but  likewise  the  full 
power  of  assessing,  apportioning  and  modelling  the 
said  militia,  and  requiereth  that  the  said  Govern- 


Objections  to  conduct  of  Gov.  of  N.Y.      211 

our  and  company  should  acknowledge  him  as 
entirely  vested  with  the  particular  Lieutenancy  of 
their  colony,  and  with  all  the  powers  and  rights 
any  ways  relating  thereunto,  granted  to,  and  yet 
remaining  in  them,  by  vertue  of  the  said  Charter, 
for  the  special  defence  and  protection  of  the  said 
colony,  which  the  said  Governour  and  company 
excuseing  themselves  from,  till  their  Majesties 
pleasure  in  the  premises  should  be  further  known, 
by  their  agent  sent  into  England  for  that  purpose, 
and  humbly  requesting  the  said  Benjamin  Fletcher, 
in  the  mean  time  to  accept  of  their  quota,  in  men 
or  money,  for  the  common  security,  (as  was  used 
to  be  done  when  Sr  William  Phipps  had  the  like 
commission,)  the  said  Benjamin  Fletcher  rejected 
that  offer,  threatening  the  Generall  Council!  that 
he  would  force  obedience  to  his  said  commands, 
to  the  great  terror  of  the  inhabitants  of  the  said 
colony. 

Which  pretentions  and  proceedings  of  the  Gov- 
ernour of  New  York,  are  conceived  to  be  no 
ways  agreeable  to  the  true  intention  of  their  Ma« 
jesties,  in  their  said  commission;  the  prosperity 
of  the  said  colony,  or  the  comon  security  of  the 
English  inhabitants  in  the  adjacent  provinces  ;  and 
that  upon  the  following  considerations. 

1st.  For  that  this  colony,  where  all  between 
16  and  60  years  of  age  are  of  the  militia,  (which 
is  settled  and  modelled  by  the  statutes  and  orders 
of  the  General  assembly)  there  is  necessarily  so 
close  a  connection  between  the  ordinary  rule  and 
government  of  the  said  militia,  and  the  civil!  gov- 
ernment, that  whosoever  hath  the  absolute  power 
of  the  former,  must  draw^  all  the  authority  of  the 
latter  to  himself,  by  a  consequence  which  is  una- 
voidable, for  the  command  of  every  mans  person 
will  undoutedly  produce  the  command  of  every 


S12      Objections  to  conduct  of  Gov.  of  N.  Y, 

mands  purse,  and  the  alteration  of  the  present 
modell  of  the  militia,  will  be  an  alteration  of  the 
laws  also. 

2dly.  By  the  constitution  of  this  colony,  the 
life  and  execution  of  the  laws  depends  wholly  on 
the  power  of  the  militia,  which  can  be  little  usefull 
to  that  purpose,  if  wholly  removed  from  the  civil 
magistrate,  and  placed  in  a  person  resideing  at  so 
great  a  distance  as  the  Governour  of  New  York 
usually  doth,  and  though  this  may  be  something 
helped  by  deputations,  if  the  Governour  of  New 
York  pleaseth,  yet  it  evidently  renders  the  execu- 
tion of  the  laws  at  Connecticut  precarious,  and  at 
the  will  of  the  Governour  of  New  York. 

3dly.  The  Colonys  in  America,  are  governed, 
as  near  as  may  be,  with  conformity  to  the  laws  ot 
England,  where  the  King  or  his  Lievtenant,  can- 
not draw  out  all  the  men  of  a  county  to  serve  in 
the  mihtia,  but  a  certain  number  proportioned  to 
the  extent  and  rules  of  the  county.  But  if  Co'Il 
Fletchers  Commission  should  be  asserted  in  the 
latitude  he  contends  for,  he  might  draw  out  the 
inhabitants  in  what  numbers,  and  raise  contribu- 
tions on  them  in  what  quantities  he  pleaseth ;  in 
short,  he  could  become  perfect  master  of  the  lives, 
liberties  and  estates  of  the  English  in  that  colonv, 
who  cannot  but  withdraw  from  the  apprehensions 
of  such  an  unlimited  power  lodged  in  a  subject, 
a  souldier  of  fortune,  not  their  Governour,  and 
upon  that  account  not  responsible  for  any  inward 
consumption  of  the  colony,  so  he  protects  it  from 
being  overrun  by  a  foreigne  enemy. 

4thly.  It  is  impossible  that  Co'll  Fletcher,  though 
he  should  prove  of  an  abstinence  unusuall  in  this 
age,  can  be  so  competent  a  judge  of  the  disposi- 
tions and  abilities  of  each  town  and  division  in  the 
colony,  nor  so  much  master  of  their  affections  in 


Objections  to  conduct  of  Gov.  of  N,  Y,     213 

time  of  need,  as  they  who  dwell  among  them,  nor 
by  consequence  so  well  qualified  for  the  local!  and 
ordinary  government  of  the  said  militia. 
•  5thly.  The  frontiers  of  Connecticut,  which  lyes 
most  remote  from  the  province  ot  New  York,  do 
often  call  for  a  sudden  and  vigorous  defence,  but 
iff  the  civill  government  of  that  colony  must  be 
wholly  divested  of  all  power  in  the  Militia  for  the 
special  defence  of  the  same  (as  their  charter 
speaks)  and  driven  to  sue  for  orders  to  the  Gov- 
ernour  of  New  York,  (who  comonly  resides  about 
200  miles  off,)  the  inconvenience  is  to  evident  to 
be  mentioned,  besides  it  is  repugnant  to  the  very 
nature  of  a  Government,  that  the  power  of  defend- 
ing itself,  should  not  be  in  itself,  but  lodged  in  the 
Governour  of  an  other  Province. 

Gthly.  Coll.  Fletchers  comission  gives  him  not 
the  Government  of  Connecticut,  but  a  particular 
ministerial  office  in  that  Government,  and  there- 
fore he  ought  to  construe  his  comission  so  as  may 
leave  him  subordinate  to  the  Government  of  that 
place,  and  not  above  it,  as  he  will  be  effectually, 
if  he  be  permitted  to  exercise  it  in  the  extent  de- 
manded by  him. 

7thly.  As  the  MiHtia  in  England  is  commanded 
by  the  King  and  his  Lieutenants,  under  the  restric- 
tions and  orders  appointed  by  act  of  Parliament 
(or  the  subject  could  not  be  free,)  so  tis  conceived 
their  Majesties  intention  in  this  comission  could 
be  no  other,  then  that  Coll.  Fletcher  should  com- 
and  tlie  Militia,  subject  to  the  Laws  and  Constiu- 
tions  of  the  Colony,  so  farr  as  they  are  not  repug- 
nant to  the  liaws  of  England. 

8thly.  This  sence  in  which  the  Government  of 
Connecticut  would  understand  their  Majesties 
comission,  is  agreeable  enough  to  the  Letter  and 
penning  of  it,  for  the  ground  there  laid  down  for 


214     Objections  to  conduct  of  Gov.  of  N.  Y, 

the  granting  that  comission,  is  the  uniting  the  for- 
ces for  security  of  their  Majesties  subjects  in  gen- 
erall,  inhabiting  in  those  parts  ;  and  no  reason  is 
there  so  much  as  hinted  at,  why  that  Colony 
should  be  deprived  of  all  power  over  the  Militia, 
within  itself  for  its  own  particular  defence,  and 
refference  is  therein  had  to  the  like  comission  be- 
fore granted  to  Sr  William  Phipps,  (who  never 
exercised  so  unhmited  an  authority,)  and  tis  taken 
for  a  rule  in  expounding  the  Kings  grants,  that 
when  there  are  two  constructions  to  be  made, 
which  equally  satisfy  the  letter  thereaf,  one  repug- 
nant to  the  other  consisting  with  a  former  grant, 
which  preserves  the  former  grant  is  to  be  prefered, 
as  most  agreeable  to  the  Kings  honnour  and  jus- 
tice. 

9thly.  Itis  observable  that  in  Coll.  Fletchers  com- 
ission, there  is  no  express  superseeding  the  com- 
and  of  the  Militia  granted  to  the  Government  of 
Connecticut  by  the  said  charter,  although  the  same 
comission  does  expressly  supersede  the  above- 
mentioned  authority  granted  to  Sr  William  Phipps. 

These  among  divers  others,  are  some  reasons 
why  tis  hoped  their  Majesties  will  be  pleased  to 
preserve  to  the  said  Colony  of  Connecticut  their 
liberties  granted  to  them  by  the  said  charter,  and 
to  explain  the  comission  of  Coll.  Fletcher  in  such 
sort,  that  he  may  content  himself  with  the  Gene- 
rall  comand  of  the  Quota  of  the  Mihtia  of  that 
Colony,  and  not  take  from  thecivill  Government 
of  that  place  the  power  of  levying  and  ordering 
the  Militia  within  themselves,  granted  by  the  said 
charter. 


Order  in  Council,  215 


His  Majesties  order  in    CouncV  on  the  subject  of 
the  Militia  of  the  Colony  of  Connecticut, 

At  the  Court  at  White  Hall,  the  19th  of  Aprill, 
1694. 

\      SEAL.     \  PrESExNT, 

The  Kings  most  Excellent  Majesty. 

Lord  Arch  Bp,  of  Canterbury,  Lord  Keeper, 
Lord  President,  Lord  Privy  Seeale,  Duke  of 
Bolton,  Lord  Steward,  Lord  Chamberlaine, 
Earle  of  Oxford,  Earle  of  Shrewsbury,  Earle 
of  Bridgewater,  Earle  of  Bathe,  Earle  of  Ro- 
chester, Earle  of  Montague,  Earle  of  Scarbo- 
rough, Earle  of  Ranelagh,  Lord  Viscount  Syd- 
ney, Lord  Viscount  Falkland,  Lord  Bp,  of 
London,  Lord  Cornwallis,  Lord  Conningsby, 
Sr  Robert  Howard,  Mr.  Trenchard,  Mr. 
Chancellor  of  the  Exchequer,  Sr  Henry  Good- 
riche,  Mr.  Russell,  Mr.  BoscawExV. 

A  Petition  haveing  been  presented  to  his  Ma- 
jesty, by  Major  General  Fitz  John  Winthrop, 
Agent  for  the  English  Colony  of  Connecticut,  in 
New  England,  in  America,  in  behalf  of  the  said 
Colony,  by  the  name  of  Governour  and  company 
of  the  English  Colony  of  Connecticut,  in  New 
England,  in  America,  setting  forth  that  the  Peti- 
tioners by  liCtters  Pattents.  under  the  great  Scale 
of  England,  in  the  fourteenth  year  of  the  Reigne 
of  the  late  King  Charles  the  second,  were  incor- 
porated by  the  name  of  the  Governour  and  com- 
pany of  the  English  Colony  of  Connecticut,  in 
America,  with  power  as  well  for  the  civill  admin- 
istration of  affairs,  as  the  Lieutenant  for  the  or- 


216  Order  in  Council, 

dering,  arranging,  modelling  and  conducting  the 
Militia,  for  the  special  defence  of  the  Colony. — • 
That  from  the  date  of  the  said  grant,  untill  the 
month  of  October  last,  they  have  enjoyed  the 
said  liberties  and  priviledges  without  forfeiture  or 
mollestation,  except  some  interruption  they  recei- 
ved in  the  Reigne  of  King  James  the  second  ;  that 
Coll.  Ffletcher,  Governour  of  New  York,  in  Oc- 
tober last,  by  colour  of  his  Majesties  commission, 
whereby  for  the  uniting  the  forces  of  the  said 
Province  and  Colony,  he  was  created  Comander 
in  Chief  of  the  Militia  of  the  said  Colony,  and  did 
demand  of  the  Petitioners,  not  onlv  to  submitt  to 
him  as  Lieut.  Generall  and  Comander  in  Chief 
over  the  full  Quota  of  the  Militia  of  that  Colony, 
in  conjunction  with  those  of  New  York  and  the 
adjacent  Governments,  but  likewise  the  particular 
Lieutenancy  of  the  said  Colony,  and  the  powder  of 
assessing,  modelling  and  establishmg  the  Militia 
thereof.  The  Petitioners  therefore  humbly  pray- 
ing the  said  comission  may  receive  such  explana- 
tion and  restriction,  as  to  his  Majesty,  in  his  Roy- 
all  justice  and  wisdome  shall  seem  meet.  And 
his  Majesty  having  been  pleased  to  referr  the  said 
Petition  to  the  Right  Honnourable  the  Lords  of 
Comittee  of  Trade  and  Plantations,  to  consider 
the  matter  of  the  said  Petition,  and  to  Report  w^hat 
they  conceive  fit  for  his  Majesty  to  do  therein,  and 
the  Lords  of  the  Comittee  haveing  received  the 
Report  of  their  Majesties  Attourney  General  and 
Soliciter  General,  upon  the  matter  of  the  said  Pe- 
tition, together  with  the  address  of  the  Colony  of 
Rhoad  Island,  and  touching  the  uniting  the  strength 
of  those  Colonys  against  the  French,  which  report 
is  in  the  words  following : 


Order  in  OounciL  S17 

May  it  please  your  Lordships, 

In  obedience  to  your  Lordships  commands  sig- 
nified to  us  by  Mr,  Blaithwaitt,  the  2d  of  Janua- 
ry and  the  3d  of  February  last,  by  which  we  were 
to  consider  the  severall  charters  of  Connecticut 
and  Rhoad  Island,  and  the  grants  of  East  and 
West  Newjersey,  and  to  Report  our  opinion  upon 
the  whole  matter,  what  may  be  done  for  the  uni- 
ting the  strength  of  those  Colonys  and  New  York 
under  a  chief  commander,  to  be  comissionated  by 
their  Majesties,  for  the  defence  of  their  Majesties 
subjects  in  those  parts,  against  the  French,  and  al- 
so to  consider  the  anexed  copy  of  the  Petition  of 
the  Governour  and  company  of  Connecticut,  and 
to  request  our  opinion  thereupon.  Wee  have  con- 
sidered the  matter  to  us  referred  and  do  finde, 
that  King  Charles  the  second,  by  his  charter,  dated 
the  23d  of  Aprill,  in  the  14th  year  of  his  Reigne, 
did  incorporate  John  Winthrop  and  several  other 
persons  therein  named,  and  all  others  who  then 
were  or  after  should  be  admitted  and  made  free 
of  the  company,  to  be  a  corporation,  by  the  name 
of  the  Governour  and  company  of  the  English 
Colony  of  Connecticut,  in  New  England,  in  Amer- 
ica, with  such  powers,  priviledges  and  capacities 
as  were  usually  granted  to  corporations  of  like 
nature,  and  to  have  continuance  and  succession 
forever,  and  therein  the  bounds  of  the  colony  are 
described,  and  a  grant  thereby  made  to  the  corpo- 
tion  of  all  land,  soyle,  ground,  havens,  ports,  ju- 
risdictions, royalties,  priviledges,  franchises  and 
hereditaments  within  the  same  or  thereto  belong- 
ing ;  to  be  holden  to  the  corporation  and  their  suc- 
cessors in  trust,  for  the  benefit  of  themselves  and 
their  associates  freemen  of  that  Colony,  their  heirs 
and  assigns,  of  the  Kings  of  England,   as  of  their 

19 


218  Order  in  CounciL 

manner  of  East  Greenwich,  by  the  fifth  part  of 
the  oare  of  gold  and  silver  there  found,  with  pow- 
er to  the  corporation,  to  make  laws,  elect  Govern- 
ours,  Deputy-Governours  and  assistants,  erect  Ju- 
dicatures and  Courts,  and  choose  officers  for  the 
civill  Government,  and  thereby  also  power  is  grant- 
ed to  the  chief  comanders,  Governours  and  offi- 
cers of  the  company,  and  others  inhabiting  there, 
by  their  leave  or  direction  for  their  speciall  defence 
and  safety,  to  assemble,  martiall,  array  and  put  in 
warlike  posture  the  inhabitants  of  the  Colony, 
and  to  comission  such  persons  as  they  should 
thinke  fitt,  to  lead  and  conduct  the  inhabitants,  and 
to  encounter,  resist,  kill,  and  slay  all  that  should 
attempt  or  enterprize  the  invasion  or  annoyance 
of  the  inhabitants  or  plantations,  and  to  exercise 
martial  law,  and  take  and  surprize  the  invaders  or 
attemters  of  the  plantation,  or  hurt  of  the  compa- 
ny and  inhabitants,  and  on  just  occasion  to  invade 
and  destroy  the  natives  or  the  enemies  of  the  Col- 
ony. 

Wee  also  finde,  that  King  Charles  the  second, 
in  the  fifteenth  year  of  his  Reign  did  incorporate 
divers  persons  by  name,  and  such  others  as  then 
were  or  after  should  be  admitted  and  free  of  the 
company,  by  the  name  of  the  Governour  and 
company  of  the  English  Colony  of  Rhoad  Islands 
and  Providence  Plantations  in  New  England,  in 
America,  and  granted  them  in  effect  the  like  pow- 
ers and  authorities,  both  civill  and  military,  as  are 
before  mentioned  to  be  granted  to  Connecticut. 

Wee  find  that  the  civil  Governments  in  those 
plantations  or  Colonys,  executed  the  Military 
powers  conferred  by  the  charters,  but  that  their 
Majesties  in  the  third  year  of  their  Reigne,  by 
their  comission  constituted  Sr  William  Phipps 
Lieutenant  and  comander  in  chief  of  the  Militia, 


Order  in  Council,  219 

and  of  the  forces  by  sea  and  land,  within  the  Col- 
onys  of  Connecticut,  Rhoad  Island,  Providence 
Plantation,  Kings  Province,  and  Province  of  New 
Hampshire,  and  all  Forts  and  places  of  strength 
in  the  same,  with  severall  powers  and  authorities. 
And  that  their  Majesties  by  their  comission  under 
the  great  seal,  dated  the  tenth  of  June  1693,  revo- 
ked so  much  of  Sr  William  Phipps  his  comission 
and  powers  as  related  to  the  Colony  of  Connecti- 
cutt,  and  by  the  same  comission  constitute  Benja- 
min Fletcher  Esqr,  their  Majesties  Captain  Gene- 
ral and  comanderin  chief  of  New  York,  Pensilva- 
nia,'New  Castle,  and  the  territories  and  tracts  of 
land  depending  thereupon,  to  be  the  comander  in 
chief  of  the  Militia,  and  of  all  the  forces  by  sea 
and  land  within  the  Colony  of  Connecticutt,  and 
of  all  Forts  and  places  of  strength  within  the 
same,  with  power  to  levy,  arme,  muster,  command 
or  imploy  the  Militia  of  the  said  Colony,  and  up- 
on any  necessary  and  urgent  occasion  dureing  this 
warr,  to  transferr  to  the  Province  of  New  York 
and  frontiers  of  the  same,  for  resisting  and  with- 
standing enemies,  pyrates  and  rebells  both  at  land 
and  sea,  and  defence  of  that  Province  and  Colony, 
of  which  comission,  and  the  large  powers  therein 
contained  as  to  Connecticut,  the  Colony  of  Con- 
necticutt, by  their  annexed  petition  do  complain 
and  pray  redress  against  the  exercise  of  it  in  such 
manner  over  the  whole  Militia,  and  therein  shew 
their  reasons  asfainst  it. 

Wee  have  heard  Coll.  Winthrop  and  his  coun- 
cill  on  the  behalf  of  the  Colony  of  Connecticut, 
and  Mr.  Almey  and  his  councill  on  behalf  of 
Rhoad  Island  and  Providence  Plantation,  and  Dr. 
Cox  appeared  on  the  behalf  of  East  and  West 
New  Jersey,  and  produced  some  writings,  shew- 
ing how  the  same  was  granted  out  Irom  the  Crown 


220  Order  in  Council, 

to  the  Duke  of  York,  and  by  the  Duke  of  York 
to  others  ;  but  the  Doctor  not  claiming  any  title  to 
himself,  it  doth  not  appear  to  us,  in  whome  the  es- 
tate in  law  of  those  places  or  of  the  Government 
thereof,  civill  or  Military  doth  now  reside,  nor  how 
the  same  is  exercised.     But  haveing  received  the 
annexed    estimate    from   Mr.  Blavthwaite,  wee 
communicated  the  same  to  the  Agents   for  Con- 
necticut, Rhoad  Island  and  Providence  Plantations, 
who  declared  their  readiness  duering  the  times  of 
danger,  to  provide  their  respective  Quotas  therein 
contained,  and   in  case  of  encrease  of  danger,  or 
other  necessary  occasions  duering  the  continuance 
thereof,  their  respective  Quotas  to  be  proportiona- 
bly  increased  with  other  Colonys,  but  as  to  the  re- 
maining Militia  beyond  the  Quotas  (which  it  seems 
in  those  countrys,   consists   of  ail  males  between 
16  and  60  years  of  age,)  they  humbly  desire  tha,t 
it  may  remaine  under  the  ordinary  and  usual  Gov- 
ernment and  command  of  the  Colonys,  according 
to  their  charters,  and  not  to  be  commanded  out, 
unless  in  times  of  actual  invasion  or  eminent  dan- 
ger, for  the  necessary   preservation   of  some  of 
their  Colonies,  and  at  such  times  only  when  such 
of  the  Colonys  whereout  the  forces  shall  be  drawn, 
are  in  danger,  and  that   at  all   times  a  sufficient 
power  of  Militia  may  be  always  kept  in  each  Col- 
ony under  the    power  of  the   Government  of  it, 
for  the  safety  and  necessary  preservation  thereof. 
We  are  humbly  of  opinion  that  the  charter  and 
grants   of  those   Colonies,  do  give  the  ordinary 
power  of  the    Militia  to  the  respective  Govern- 
ments thereof;  but   do  also  conceive   that  their 
Majesties  may  constitute  a  chief  comander,  who 
may  have  authority  at  all  tymes  to  command  or 
order  such  proportion  of  the  forces  of  each  Colo- 
ny or  Plantation^  as  their  Majesties  shall  tliink  fiitt,. 


Order  in   Council.  221 

and  further  in  times  of  invasion  and  approach  of 
the  enemy,  with  the  advice  and  assistance  of  the 
Governours  of  the  Colonys,  to  conduct  and  com- 
mand the  rest  of  the  forces,  for  the  preservation 
and  defence  of  such  of  those  Colonys  as  shall 
most  stand  in  need  thereof,  not  leaving  the  rest  un- 
provided of  a  competent  force  for  their  defence 
and  safety ;  but  in  time  of  peace,  and  when  the 
danger  is  over,  the  Militia  within  each  of  the  said 
Provinces,  ought  as  we  humbly  conceive  to  be  un- 
der the  Government  and  disposition  of  the  respec- 
tive Governours  of  the  said  Colonies,  according 
to  their  charters,  all  which  nevertheless  is  most 
humbly  submitted  to  your  Lordshipps  great  wis- 
dome. 

EDWARD  WARD, 
THO.  TREVOR. 
2d  April,  1694. 

And  the  Lords  of  the  comittee  haveing  presen- 
ted to  his  Majesty  in  councill,  the  Report  of  Mr. 
Attourney  and  Mr.  Solicitor  Generall  upon  the 
matter  abovementioned,  his  Majestic  in  councill  is 
pleased  to  approve  the  said  Report,  and  to  signify 
his  pleasure,  that  the  Quota,  not  exceeding  one 
hundred  and  twenty  men,  be  the  measure  of  the 
assistance  to  be  given  by  the  Colony  of  Connec- 
ticutt,  and  all  times  duering  the  warr  to  be  com- 
manded by  the  Governour  of  New  York  ;  and  the 
Right  Honnourable  Sr  John  Trenchard,  his  Ma- 
jesties principall  Secretary  of  State,  is  to  prepare 
Letters  for  his  Majesties  Royal  Signature,  for  the 
signification  of  his  Majesties  pleasure  herein  to  the 
Governours  of  New  York  and  Connecticut  accor- 
dingly. 

WILLIAM  BRIDGEMAN. 
19* 


^22  Letter  from  Queen  Mart/. 


Postcript  of  a  Letter  from  Gen,  Winthrop  to  the 
Governor  and  Council  of  the  Colony  of  Con- 
necticut, dated  London  June  4ih  lQ94f  relative 
to  the  Narraganset  country. 

Sir — I  think  it  my  duty  to  let  your  hon'r  know 
that  the  Lord  Arran,  eldest  Son  to  the  late  Duke 
Hamilton,  has  put  in  his  claime  to  the  land  from 
ye  East  side  o£  Conecticot  River,  Naroganset , 
Rhode  Island  and  those  parts  ;  I  can  but  just  men- 
tion it  supposeing  yo'rselves  know  all  that  can  be 
said  about  it,  and  soe  are  guarded  against  any 
trouble  that  may  arise  therein.  I  understand  there 
w^ill  be  a  hearing  of  ye  claim  before  the  King  and 
councill,  but  my  Lord  Arran  being  gon  into  Scot- 
land to  solemnise  the  funerall  of  the  Duke  his  Fa- 
ther, who  dyed  lately  goeing  to  Scotland  ;  it  may 
put  a  stop  to  any  present  hearing ;  and  if  it  please 
God,  that  I  doe  not  returne  this  winter,  you  will 
have  oppertunity  by  the  mast  ships  or  sooner,  to 
inform  yo'rselves  aiout  it, 

J.  WINTHROR 


Copty  of  Queen  Mary's  Letter  to  the  Governour 
of  New  York,  concerning  the  Militia  of  Con- 
necticut. 

Marie  R, 

Trusty  and  well  beloved,  we  greet  you  well ; 
haveing  received  the  humble  petition  of  our  colo- 
ny of  Connecticut,  in  New  England,  praying  that 


Letter  from  Queen  Mary,  223 

our  comission  unto  our  Governouror  comanderin 
chief,  of  our  Province  of  New  York,  for  com- 
mand of  the  Militia  of  our  said  colony,  may  re- 
ceive such  explanation  and  restriction,  as  in  our 
royall  justice  and  wisdome  we  shall  think  fit,  we 
have  referred  the  consideration  of  the  said  peti- 
tion to  the  Lords  of  our  privy  councill,  appointed 
comittee  of  Trade  and  Forreigne  Plantations, 
who  haveing  consulted  our  Attorney  and  Solicitor 
Generall,  what  may  be  legally  don  by  us  for  the 
uniting  the  strength  of  our  said  colony  of  Connec- 
ticutt,  and  the  adjacent  colonys,  for  the  defence 
and  security  of  our  subjects  in  those  parts,  against 
the  French,  and  haveing  presented  to  us  the  opin- 
ion of  our  said  Attornev  and  Solicitor  Generall, 
that  we  may  constitute  a  chief  commander,  with 
authority  to  comand  or  order  such  proportion  of 
the  forces  of  each  colony  as  we  shall  think  fitt,  and 
further  in  time  of  invasion  and  approach  of  the 
enemy,  with  the  advice  and  assistance  of  the  Gov- 
ernours  of  the  colonies,  to  conduct  and  command 
the  rest  of  the  forces  for  the  preservation  ^nd  de- 
fence of  such  of  our  said  colonies  as  shall  most 
stand  in  need  thereof,  as  by  our  order  in  our  coun- 
cill, dated  the  nineteenth  day  of  Aprill  last,  upon 
the  report  of  our  said  Attorney  and  Solicitor  Gen- 
erall in  this  matter,  which  order,  or  a  duplicate 
thereof  you  will  herewith  receive,  is  more  at 
large  sett  forth,  our  will  and  pleasure  is,  that  in 
the  execution  of  the  powers  of  your  said  commis- 
sion for  the  command  of  our  said  Militia  of  Con- 
necticutt,  you  do  not  take  upon  you  any  more  then 
in  time  of  warr  to  command  a  Quota,  or  part  of 
the  Militia  of  our  said  colony  of  Connecticutt, 
not  exceeding  the  number  of  one  hundred  and 
twenty  men,  which  we  have  thought  fitt  to  signifie 
our  pleasure  to  the  Governour  and  Magistrates 


224  Letter  from  Queen  Mary. 

of  our  colony  of  Connecticut,  to  be  the  measure 
of  the  assistance  to  be  given  to  our  said  colony, 
and  you  are  not  to  command  or  draw  out  any 
more  of  the  said  Quota  of  the  Militia  of  our  s'd 
colony  of  Connecticut,  then  you  shall  in  proportion 
command  or  draw  out  from  the  respective  Mili- 
tias of  the  adjacent  colonys,  except  in  cases  of 
iminent  danger  of  an  actual  invasion  of  the  ene- 
my, in  which  case  our  will  and  pleasure  is,  that 
with  the  advice  of  the  Governour  of  our  said  col- 
ony of  Connecticut,  you  conduct  and  command 
the  rest  of  the  forces  of  that  our  colony  for  the 
preservation  of  our  said  colony,  or  of  such  other 
of  our  adjacent  colonies,  as  shall  most  stand  in 
need  thereof,  you  takeing  care  that  you  do  not 
leave  our  said  colony  of  Connecticut  unprovided 
of  a  competent  force,  for  the  defence  and  safety 
thereof.  And  we  not  doubting  of  the  ready  and 
carefull  obedience  of  our  good  subjects  in  our  col- 
ony of  Connecticutt,  to  our  Royall  determination, 
in  a  matter  wherein  the  security  and  preservation 
of  all  our  good  subjects  within  our  said  colony, 
and  the  parts  adjacent,  is  so  much  concerned,  we 
have  signified  our  pleasure  to  the  Governour  and 
Magistrates  of  our  said  colony,  that  as  occasion 
shall  require,  they  give  obedience  to  our  said  com- 
ission  and  the  powers  and  authorities  thereof,  to 
be  executed  in  such  manner  as  is  herein  directed. 
And  so  we  bid  you  farewell.  Given  at  our  Court 
att  White  Hall,  this  twenty-first  day  of  June,  1694, 
in  the  sixth  year  of  our  Reigne. 

By  her  Majesties  command, 

J.  TRENCHARD. 


Letter  from  Queen  Mary.  225 


A  Letter  from  her  Majesty  Queen  Mary^  relative 
to  the  Militia  of  Connecticut. 

Marie  R. 

Trusty  and  well  beloved,  wee  greet  you  well : 
Haveing  received  your  humble  petition,  presented 
unto  us  by  Major  General  Fitz  John  Winthrop, 
your  agent,  humbly  praying  that  our  Comission  to 
our  trusty  and  well  beloved,  Benjamin  Fletcher, 
Esqr.  our  Governour  of  our  province  of  New 
York,  for  the  comand  of  the  militia  of  our  colony 
of  Connecticut,  may  receive  such  explanation  and 
restriction,  as  in  our  Royall  justice  and  wisdome 
we  shall  think  fitt,  wee  being  well  pleased  with 
your  dutyfull  submission  to  our  Royall  determin- 
ation herein,  and  haveing  great  care  and  tender- 
ness for  the  preservation  and  security  of  all  our 
loveing  subjects,  as  well  within  our  colony  of  Con- 
necticut, as  other  our  adjacent  colonys,  wee  have 
refferred  the  consideration  of  the  said  petition  to 
the  Lords  of  our  Privy  Councill,  appointed  a  com- 
mittee of  trade  and  foreigne  plantations,  who 
haveing  consulted  our  Attourny  and  Solicitor 
Generall  what  may  be  done  by  uss  for  the  uniting 
the  strength  of  our  said  colony  of  Connecticut 
and  the  adjacent  colonys,  for  the  defence  of  our 
subjects  in  those  parts,  against  the  French,  and 
haveing  presented  to  us  the  opinion  of  our  Attour- 
ney  and  Solicitor  Generall  thereupon,  that  we 
may  constitute  a  chief  commander,  with  authority 
to  command  or  order  such  proportion  of  the  for- 
ces of  each  colony  as  we  shall  think  fitt,  and  fur- 
ther in  time  of  invasion  and  approach  of  the 
enemy,  with  the  advice  and  assistance  of  the 
Governours  of  the  colonys,  to  conduct  and  com- 


226  Letter  from  Queen  Mary. 

mand  the  rest  of  the  forces  for  the  preservation 
and  defence  of  such  of  our  said  colonys  as  shall 
most  stand  in  need  thereof,  as  by  our  order  in 
Councill,  dated  the  9th  day  of  April  last,  upon  the 
report  of  our  Attorney  and  Solicitor  Generall  in 
this  matter,  which  order,  or  duplicate  thereof,  you 
will  herewith  receive,  is  more  at  large  set  forth. 
Wee  have  thereupon  further  signified  our  pleasure 
to  our  said  Governour  of  New  York,  that  in  the 
execution  of  the  power  of  his  said  coinission,  he 
do  not  take  upon  him  any  more  then  duering  warr, 
to  comand  a  quota  or  part  of  the  militia  of  our 
said  colony  of  Connecticut  not  exceeding  the 
number  one  hundred  and  twenty  men,  which  we 
do  heartily  think  fit  to  signifie  our  pleasure  to  be 
the  measure  of  the  assistance  to  be  given  to  our 
said  colony,  with  speciall  directions  to  our  said 
Governour  of  New  York,  that  he  do  not  comand 
or  draw  out  more  of  the  said  quota  of  the  militia 
of  our  said  colony  of  Connecticut,  then  he  shall 
in  proportion  command  or  draw  out  from  the 
respective  militia  of  the  adjacent  colonys,  except 
in  case  of  iminent  danger  of  an  actual  invasion  of 
the  enemy,  in  which  case  we  have  further  direct- 
ed him,  that  with  the  advice  of  the  Governour  of 
our  said  colony,  he  conduct  and  comand  the  rest 
of  the  forces  of  that  our  colony,  for  the  preserva- 
tion of  our  said  colony,  or  of  such  other  of  our 
adjacent  colonys  as  shall  most  stand  in  need 
thereof,  he  takeing  care  that  he  do  not  leave  our 
said  colony  unprovided  of  a  competent  force,  for 
the  defence  and  safety  thereof,  and  not  doubting 
of  your  ready  and  chearful  obedience  to  our  Roy- 
all  pleasure,  in  a  matter  wherein  the  security  and 
preservation  of  all  our  good  subjects,  within  our 
said  colony  of  Connecticut,  and  the  places  adja- 
cent, are  so  much  concerned ;    wee  do   hereby 


Letter  from  Queen  Mary,  227 

require  and  command  you,  as  there  shall  be  occa- 
sion, to  give  obedience  to  our  said  Commission, 
and  the  powers  and  authoritys  thereof,  to  be  exe- 
cuted in  such  manner  as  we  have  directed  our 
said  Governour  of  New  York,  according  to  the 
signification  of  our  pleasure  as  aforesaid.  And 
the  said  Major  General  Fitz  John  Winthrop,  will 
upon  his  arivall,  inform  you  of  our  gracious  inten- 
tions to  continue  our  Royall  protection  to  you  and 
all  our  subjects  of  that  our  colony,  and  particu- 
larly in  what  may  relate  to  the  preservation  of 
the  peace,  welfare  and  security  of  the  same,  and 
maintaining  your  just  rights  and  priviledges, 
wherein  your  said  agent  has  been  as  well  very 
zealous  and  carefull  in  your  behalf,  as  diligent  in 
soliciting  our  Royall  determination  in  the  matter, 
which  we  thought  fitt  to  lett  you  know ;  and  so 
w^ee  bid  you  hearty  farewell. 

Given  at  our  Court,  at  White  Hall,  this  twenty 
first  day  of  June,  1694,  in  the  sixth  year  of  our 
Reigne. 

By  her  Majesties  Command, 

J.  TRENCHARD. 

To  our  trusty  and  well  beloved,  the  Governour 
and  Magistrates  of  our  colony  of  Connecticutt,  in 
New  England,  and  for  the  time  being. 


2S8  Letter  from  Gen,  Winthrop, 


Letter  from  Gen,  Winthrop  to  the  Govemour  and 
General  Assembly  of  the  Colony  of  Connecti- 
cut, 

Hon'ble  Sr — 

My  letter  of  the  4th  of  June,  and  my  last  of  the 
16th  of  July,  doe  containe  the  acc't  of  yo'r  affaires 
here,  soe  far  as  could  then  be  attayned  ;  and  my 
hopes  of  being  dispatched  at  Court  in  a  little 
tyme,  soe  that  I  have  now  onely  to  present  that  a 
few  days  since,  I  have  received  their  Majesties 
gracious  letter  of  the  21st  of  June,  which  since 
that  date  has  been  in  the  hands  of  the  Secretaiy 
of  State  ;  wherein  their  Maj'ties  have  been  pleas- 
ed to  explayne  their  Commission  to  Coll.  Fletcher, 
and  restraine  it  within  the  bounds  of  a  quota  in 
time  of  war,  and  is  noe  more  then  yourselves  have 
formerly  sent  forth  for  defence  to  your  neighbor 
Governments.  I  know  not  what  can  more  re-es- 
tablish and  confirme  the  Charter,  then  their  Maj'- 
ties gracious  expressions,  and  intentions  to  main- 
taine  your  just  rights  and  priviliges,  which  is  fully 
set  forth  in  the  enclosed  letter  to  Coll.  Fletcher. 
And  I  may  let  you  know  the  Lords  of  the  Coun- 
cill  are  yett  satisfyed  with  your  present  adminis- 
trations, and  you  stand  faire  at  court,  soe  far  as 
I  can  understand.  I  hope  their  Maj'ties  letter  will 
remove  all  former  misunderstandings,  and  settle 
the  minds  of  the  people  in  all  respects ;  I  am  forst 
to  omit  some  perticulers  which  might  be  inserted 
herein,  haveing  been  some  dayes  under  much 
indisposition,  and  doe  with  great  difficulty  write 
this  letter,  and  can  onely  farther  add  that  I  finde 

•       •  •  I    1 

it  impossible  to  returne  with   this  oportunity ;  an 
order  of  Councill  is  sent  to  the  Commander  of  the 


Letter  from  Gen,  Winthrop.  "SSO 

ship  who  caryes  the  souldiers  to  New  York,  to 
sayle  with  the  first  winde,  and  their  Maj'ties  letter 
being  soe  lately  delivered  to  me,  makes  it  impos- 
sible to  be  ready  in  soe  few  dayes  by  me,  and  soe 
must  wait  for  the  first  opportunity  in  the  spring ; 
in  the  meane  tyme  I  shall  be  early  here  to  doe 
all  the  service  I  can  if  any  thyng  offers  for  your 
advantage.  I  have  not  omitted  any  opportunity 
to  promote  your  interes't,  and  have  done  ail  1  can  in 
the  trust  comitted  to  me ;  and  if  it  be  acceptable  to 
yourselves,  I  shall  alwaye  thank  God  for  the  oppor- 
tunity he  has  given  me  to  serve  my  country.  1  shall 
hope  to  heare  from  yorselves  by  every  opportunity, 
and  am  much  uneasy  that  I  have  not  received 
one  word  from  yourselves  since  I  come  into 
England,  many  gent'm  here  have  received  Letters 
by  New  York  and  severall  other  ways  ;  a  vessiU 
arrived  here  last  weeke  in  a  month  from  Boston, 
but  I  have  noe  letter  therein.  I  gave  yo'r  hon'r 
acc't  in  my  last  what  mony  I  had  taken  up  here, 
to  be  repaid  at  Boston,  which  I  hope  will  not  be 
forgot,  and  shall  medle  noe  farther  till  I  hear  from 
youi^elves,  believing  you  will  care  for  me  as  is 
fitting,  I  have  now  only  to  ask  your  prayers  for 
Gods  favour  and  protection,  that  I  may  be  pre- 
served here ;  and  safely  returned  to  yourselves, 
which  with  the  presentment  of  my  humble  ser- 
vice to  your  hon'r  the  Dept.  Gov'r  and  Gent'm  of 
the  Councill,  is  all  at  present  but  the  assurance 
that  I  am 

Your  most  faythfull  serv't, 

J.  WINTHROP. 
London,  Aug.  2d,  1694. 


20 


230  Address  to  William  III. 


Copy  of  an  A  ddress  from  the  Governor  and  coun- 
oil  of  the  Colony  of  Connecticut,  to  his  Majesty 
William  '^d. 

To  the  most  High  and  Mighty  Prince  Wm.  the 
3d,  of  England,  Scotland,  France  and  Ireland, 
King,  Defender  of  the  Fayth,  &c. 

Your  Ma'ties  Humble,  Loyall  and  obedient  sub- 
jects, the  Governo'r  and  councill  of  your  colony 
of  Connecticutt  in  most  humble  wise,  upon  our 
bended  knees  doe  thankefully  acknowledge  your 
Ma'ties  grace  and  goodness  to  your  subjects  in  this 
colony,  your  Ma'ties  speciall  favour  expressed  in 
her  late  Ma'ties  princely  Letter  of  the  twenty-first 
of  June  1694,  in  the  sixth  yeare  of  your  Ma'ties 
reigne  in  granting  such  restrictions  to  Col.  Fletch- 
ers commission  as  in  your  wisdom  you  saw  meet, 
as  allso  therein  was  manifested  to  us  your  Royall 
intentions  to  continue  your  Royall  protection  to 
this  colony  in  the  mayntayning  of  all  our  just  rights 
and  priviledges  ;  your  Ma'ties  grace  and  bounty 
to  us  therein  layes  a  firm  obligation  upon  our 
hearts  to  manifest  our  duty  and  loyalty  to  your 
Ma'tie,  according  as  we  are  allways  bownd ;  and 
by  reason  of  the  providence  of  God  frow^ning  up- 
on us  this  last  year  by  frosts  and  unseasonable 
weather  thereby  taking  from  us  our  most  princi- 
ple graine,  cuting  us  so  short  that  we  canot  fetch 
in  such  supply  as  in  other  yeares,  as  allso  the  con- 
stant expence  of  ammunition  w^e  are  under  in 
mayntaining  our  Fortes  and  in  the  necessary  re- 
liefe  we  often  affoard  to  our  frontier  towns  and 
your  Ma'ties  Government  of  New  Yorke,  we  hum- 
bly pray  that  of  your  Royall  bounty  your  Ma'ties 
would  please  to  bestow  some  arms  and  ammuni- 
tion upon  us,  whereby  we   may  be  inabled  to  de- 


Letter  from  John  Povey,  231 

fend  ourselves  with  other  of  his  Ma'ties  good  sub- 
jects and  destroy  your  Ma'ties  enemies,  which  is 
the  end  for  which  we  desire  them,  and  the  onely 
way  we  shall  improve  them,  and  your  petitioners 
shall  ever  pray  for  your  Ma'ties  prosperity,  long 
life  and  the  increas  of  your  glory  here  and  forever. 
Hartford  Octob'r  28,  1695. 


A  Letter  from  John  Povey,  Esqr.  relative  to  the 
discovery  of  a  conspiracy  to  assasiinate  his 
Majesty. 

White  Hall,  the         of  March,  1695. 

Sr — Enclosed  you  will  receive  a  letter  from 
the  Lords  of  the  councill,  upon  occasion  of  the 
happy  discovery  for  assassinating  his  Majesties 
person,  and  invadeing  this  Kingdom  from  France, 
the  King's  Speech  and  Proclamation,  with  the  ad- 
dress of  the  Lords  and  Comons,  will  inform  you 
of  the  perticulars  so  farr  as  is  yet  made  pubhck  ; 
but  many  of  the  conspirators  haveing  been  seiz- 
ed, some  of  them  are  to  be  brought  to  tryall  this 
week,  and  others  suddenly  after,  in  order  to  be 
brought  to  justice,  when  al  things  relating  to  this 
conspiracy,  will  be  laid  more  open.  I  am  Sr  your 
most  Humble  Servant,  John  Povey. 

To  the  Houn'ble  the  Governour  of  his  Majes- 
ties Colony  of  Connecticott,  in  New  England,  in 
America. 


232    Letter  from  Lords  of  Privy  Council. 


A  Letter  from  the  Lords  of  the  Privy  Council^ 
relative  to  the  plot  for  assassinating  his  Majes^ 
ty. 

After  our  hearty  commendations,  It  haveing 
pleased  Almighty  God  to  extend  his  mercy  to  these 
Kingdoms,  by  the  continued  instances  of  his  di- 
vine protection,  whereof  at  this  time  we  have  had 
a  most  signall  evidence  by  the  happy  discovery  of 
a  traiterous  and  wicked  designe  against  the  hfe  of 
his  most  sacred  Majesty,  by  assassination,  and  for 
the  &ubdueing  these  Kingdoms  by  the  French,  in 
conjunction  with  other  conspirators,  many  of  whom 
are  secured,  in  order  to  be  brought  to  speedy  jus- 
tice. As  the  attempt  of  our  enemies  have  been 
disappointed  by  the  preparations  that  have  been 
made  against  them  by  sea  and  land,  wee  do  here- 
by in  his  Majesties  name,  and  by  his  express  com- 
mand, signifie  the  same  to  you,  that  you  may 
forthwith  make  known  so  wonderful!  a  deliverance 
to  all  his  Majesties  good  subjects,  under  your  Gov- 
ernmenty  the  perticulars  whereof,  and  proceedings 
thereupon,  are  more  at  large  sett  forth  in  the  en- 
closed papers ;  and  because  upon  this  occasion,, 
and  for  the  better  manning  of  the  Royall  Fleet,  to 
oppose  the  enemy,  his  Majesty  hath  found  it  ab- 
solutely necessary  to  lay  a  generall  embargo  for 
some  time,  upon  all  shipps  outward  bound,  and 
trading  to  his  Majesties  plantations ;  wee  have 
thought  it  requisite  to  dispatch  this  expi-ess  to  you 
for  the  preventing  any  malicious  or  mistaken  in- 
formations, and  for  the  satisfaction  of  the  inhabi- 
tants of  the  said  plantations  ;  not  doubting  but 
you  and  they  will  heartily  joyne  with  us,  in  expres" 
sions  of  thanks  to  Almighty  God,  for  so  great  a 
blessing  in  the  preservation  of  his  Majesties  sSj- 


Letter  from  William  Blathwayt,        233 

cred  person  and  Government.  And  so  we  bid 
you  heartily  farewell — From  the  Councill  Cham- 
ber at  White-Hall,  this  tenth  day  of  March,  1695-6. 
Your  Loving  Friends, 

BOLTON, 

SCHONBURGH  &  LUNITER, 

DEVONSHIER, 

WILLIAM  BLATHWAYT, 

SHREWSBURY, 

J.  BRIDGE  WATER, 

BATHE, 

MONTAGUE, 

H.  GOODRICKE, 

J.  B  AS  C  A  WEN. 

To  our  Loving  Friends  the  Governour  and  Ma- 
jistrates  of  his  Majesties  English  Colony  of  Con- 
necticott,  in  New  England,  for  the  time  being. 


A  Letter   from  the   Right    Honorable    William 
Blathwayt,  Secretary  of  State. 

AVhite-Hall,  the  21st  April,  1696. 

Sr — Upon  the  discovery  of  the  late  horrid  con- 
spiracy against  his  Majesties  sacred  person  and 
Government,  an  association  has  been  entered  into 
and  signed  in  Parliament,  and  by  the  severall  coun- 
ties and  corporations  in  England,  and  a  bill  is  like- 
wise past  both  Houses  to  oblige  all  persons  in  of- 
fice and  publick  trust  to  do  the  same.  I  send  you 
therefore  the  enclosed  form  as  propper  to  be  en- 
tered into,  and  signed  accordingly  within  your 
*20 


] 


StS4        Form  of  Association  entered  into. 

Government,  which  you  will  promote  as  a  mark 
of  the  steady  loyallty  and  effection  of  the  subscri- 
bers to  his  Majesty  and  the  present  Government, 
I  am  Srs,  vour  Excellencies  most  Humble  Ser- 
vant, 

WILLIAM  BLATHWAYTE. 

To  the  Houn'ble  the  Governour  and  Majistrates 
of  his  Majesties  Colony  of  Connecticott,  in  Amer- 
ica. 


The  Association  entered  into  hy  the  Governour  and 
Council  of  the  Colony  of  Connecticut. 

Whereas  there  has  been  a  horrid  conspiracy 
formed  and  carried  on  by  Papists  and  other  wick- 
ed and  traiterous  persons  for  assassinating  his  Ma- 
jesties Royall  person,  in  order  to  incourage  an  in- 
vasion from  France  on  England,  to  subvert  our 
Religion,  Laws  and  Liberty  :  Wee  whose  names 
are  hereunto  subscribed,  do  heartily,  sincerely  and 
sollemnly  profess,  testifie  and  declare,  that  his  pres- 
ent Majesty,  King  William,  is  rightfull  and  law- 
full  King  of  the  Realms  of  England,  Scottland 
and  Ireland,  and  that  neither  the  late  King  James, 
nor  the  pretended  Prince  of  Wales,  nor  any  other 
person  hath  any  right  whatsoever  to  the  same, 
and  we  do  mutually  promise  and  engage  to  stand 
bv,  and  assist  each  other  to  the  utmost  of  our 
power,  in  the  support  and  defence  of  his  Majes- 
ties person  and  Government,  against  the  late  King 
James  and  all  his  adherents.  And  in  case  his 
Majesty  come   to   any  and  violent  or  untimely 


J 


Letter  from  Lords  of  Privy  Council.       235 

death,  (which  God  forbid,)  wee  do  hereby  further 
freely  and  unanimously  oblige  ourselves  to  unite, 
associate  and  stand  by  each  other  in  revenging 
the  same  upon  his  enemies,  and  their  adhereants, 
and  in  supporting  and  defending  the  succession  of 
the  Crown,  according  to  an  act,  made  in  the  first 
year  of  the  reigne  of  King  William  and  Queen 
Mary,  intitled  "an  act,  declareing  the  rights  and 
liberties  of  the  subject,  and  setling  the  sucsession 
of  the  Crown." 

ROBERT  TREAT,  Govemour, 
JOHN  ALLYN,  Assistant, 
SAMUEL  MASON,  Assistant, 
NATHANIEL  STANLEY,  Assistant, 
CALEB  STANLEY,  Assistant, 
MOSES  MANSFIELD,  Assistant, 
JOHN  HAMLIN,  Assistant, 
ELEAZER  KIMBERLY,  Secretary. 
Hartford,  Sept.  2d,  1G96. 


A  Letter  from  the  Rt.  Hon.  the  Lords  of  his  Ma- 
jesties Privy  Council,  relative  to  the  prepara- 
tions of  the  French  against  America. 

After  our  hearty  commendations — Whereas  in- 
formation has  been  given  that  the  French  are 
making  preparations  by  shipping  and  otherwise 
for  an  attempt  against  some  parts  of  America, 
and  have  put  on  board  a  considerable  quantity  ot 
arms  for  that  purpose,  wee  have  thought  fitt  by 
this  express  to  notifie  the  same  to  you,  to  the  end 
you  may  give  the  necessary  orders  for  putting  all 
things  in  the  best  posture  of  defence  that  may  be, 


236  Opinion  of  Ihomas  Trevor, 

within  your  Government,  and  that  you  assure  the 
inhabitants  thereof  that  such  speedy  assistance 
will  be  sent  from  home,  as  the  state  of  affairs  at 
home  shall  permitt,  with  perticular  regard  to  the 
exigencys  they  shall  lye  under ;  and  so  not  doubt- 
ing your  utmost  care  and  vigilance  herein,  we  bid 
you  heartily  farewell. 

From  the  Councill  Chamber  at  White  Hall,  this 
20th  day  of  April,  1696,  in  the  8th  year  of  his 
Majesties  reigne. 

Your  loving  friends, 

H.  GOODRICKE. 

J.  BOSCAWEN, 

J.  SMITH, 

J.  BRIDGEWATER, 

STAMFORD, 

SCARBOROUGH, 

MONTAGUE. 

To  our  loveing  friends  the  Governour  and  Ma- 
gistrates of  his  Majesties  English  colony  of  Con- 
necticutt,  in  New  England,  for  the  time  being. 


The  opinion   of  Sir   Thomas    Trevor,   about  the 
i^arraganset  Country, 

To  THE  Right  Hon'ble, 

the  CorrCrs  for  Trade  and  Plantations-^ 

May  it  please  your  Honours — In  obedience  to 
an  order  of  refference  of  the  Right  Honnourable, 
the  Lords  of  the  Committee  of  Trade  and  Plan- 
tations, signified  to  me  by  Mr.  Povey,  the  22d  of 


Opinion  of  Thomas  Trevor,  237 

May,  1695,  upon  the  Petition  of  Wait  Winthrop, 
and  others  concerning  the  settlement  of  the 
Kings  Province,  or  JNarraganset  Bay,  in  New 
England. 

1  have  considered  of  the  said  Petition,  and  do 
finde  that  King  Charles  the  second,  by  Letters 
Pattents,  bearing  date  the  23d  day  of  Aprill,  in 
the  fourteenth  year  of  his  reigne,  granted  to  the 
Governour  and  Company  of  Connecticutt,  and 
their  successors,  Narragansetts  Bay  in  New  Eng- 
land, together  with  all  firme  lands,  soyles,  grounds, 
havens,  ports,  rivers,  waters,  fishings,  mines,  min- 
eralls,  precious  stones,  and  all  and  singular  other 
commodities  and  jurisdictions  whatsoever ;  re- 
serving to  his  Majestic,  his  heirs  and  successors, 
the  fifth  part  of  the  oare  of  gold  and  silver  only. 
'  That  after  the  said  grant,  vizt.  in  July  1663,  the 
said  country  of  Narragansett  Bay,  was  by  Letters 
Pattents  granted  to  the  Governour  and  Company 
of  Rhoad  Island  Plantation.  But  I  am  humbly 
of  opinion,  that  this  grant  to  Rhoad  Island  is  void 
in  law,  because  the  country  of  Narragansett  Bay 
was  granted  before  to  Connecticutt,  and  that 
therefore  the  Government  of  Narrogansetts  Bay 
doth  of  right  belonor  to  Connecticutt,  and  not  to 
Rhoad  Island.  All  which  is  submitted  to  your 
Honnours  great  wisdome. 

THO,  TREVOR, 

October  28th,  1696, 


238  Francis  Pemherton^s  Opinion, 

July,  1663. 

DOCQUETT. 

Rhoad  Island,  &c.    ) 
Corporation.      j 

His  Majesty  is  hereby  graciously  pleased  to  in- 
corporate severall  persons  of  the  colony  of  Road 
Island  and  Providence  plantations,  in  New  Eng- 
land, into  one  body  politick,  by  the  name  of  the 
Governour  and  Company  of  the  English  colony  of 
Rhoad  Island  and  Providence  Plantations  in  New 
England  in  America,  and  to  grant  them  the  several 
lands,  powers,  priviledges  and  authorities,  and  with 
such  non  obstanters,  and  clauses  as  was  directed  to 
be  inserted  by  warrant  under  his  Majesties  sign 
manual  to  Mr.  Attorney  Generall,  procured  by  Mr. 
Secretary  Morrice. 


Sir  Francis  Pemherton^s  opinion  in  the  case  of  the 
purchasers  and  proprietors  of  lands  in  the  Nar- 
raganset  country. 

The  Case. 

King  James  the  First  in  the  twentieth  year  of 
his  reigne,  by  letters  pattent,  incorporated  the 
Duke  of  Lenox  and  divers  other  persons,  by  the 
name  of  the  great  Councill  of  Plymouth,  here  in 
England,  for  the  planting  ruleing  and  governing 
New  England,  in  America,  and  grants  to  them 
and  their  successors,  all  the  lands,  i&c.  in  Amer- 


Francis  Pemherton^s  Opinion,  239 

ica,  between  forty  and  48  degrees  of  northerly 
lattitude. 

The  said  Councill  of  Plymouth,  who  never  had 
possession  of  said  land,  the  2d  of  April,  1635, 
Grant  to  M.  H.*  and  his  heirs  all  that  part  and 
portion  of  the  main  lands  of  New  England,  begin- 
ning att  the  mouth  of  the  Connecticutt  river,  and 
from  thence  to  Narraganset  river,  to  be  accounted 
sixty  miles  in  length  and  breadth,  and  all  Islands 
within  five  leagues  distance  of  the  premises. 

About  the  same  time  the  said  grant  was  made 
to  M.  H.  or  soon  after,  severall  persons,  his  Ma- 
jesties subjects,  living  in  New  England,  (but  with- 
out any  notice  or  knowledge  of  the  said  grant  to 
M.  H.)  purchased  of  the  Indian  Princes  and  oth- 
ers, the  true  and  naturall  owners  and  proprietors 
thereof,  divers  parcells  of  land,  lying  within  the 
hmits  of  the  said  grant  to  M.  H.  as  is  now  pre- 
tended, particularly  an  Island  called  Rhoad  Island, 
and  great  part  of  a  tract  of  land  called  Connec- 
ticutt, Narragansett,  Warwick  and  other  places  ; 
and  in  the  years  1659,  and  1660,  other  parts  of 
the  Narragansett  country,  which  places  have  been 
possessed  by  the  said  purchasers  and  those  derive- 
ing  from  them  ever  since  the  said  severall  pur- 
chases, and  the  said  purchases  have  bin  always 
approved  by  the  severall  Governments  there,  and 
never  disallowed  or  disapproved  of  here,  and  sev- 
erall towns  have  been  built,  many  farms  and  plan- 
tations settled,  great  treasure  laid  out,  and  several 
discents  cast. 

M.  H.  nor  his  heir  or  any  deriveing  from  him, 
have  never  had  possession,  nor  laid  out  any  thing 
upon  the  premises,  nor  made  any  claime  in  the 
said  country  untill  the  year  1683,  which  was  about 


*Marquis  Hamilton. 


240  Francis  Pemherton's  Opinion. 

48  years  after  the  said  grant,  the  said  heir  by  his 
Attorney  claimed  the  said  lands  at  Boston  in  New 
England,  which  is  above  70  miles  from  the  prem- 
ises,, and  in  another  country. 

The  heir  of  said  M.  H.  after  three  score  and 
two  years,  demands  the  said  premises,  or  a  quit 
rent. 

1.  Quere. — Whether  the  heir  of  said  M.  H. 
there  haveing  been  no  possession  in  the  said  M. 
H.  or  heir,  nor  purchase  by  them  from  the  Indi- 
ans, the  owners  of  said  lands,  nor  any  thing  ex- 
pended by  them  in  the  settlement  thereof,  may  by 
law  recover  the  premises,  and  oust  or  eject  the 
said  purchasers  and  proprietors  who  are  now  in 
possession,  or  force  them  to  pay  a  quit  rent. 

Upon  consideration  of  this  case,  I  am  of  opin- 
ion that  the  purchasers  of  these  lands  and  grounds, 
who  bought  of  the  Indian  Princes,  the  heirs  and 
assigns  of  those  purchasers  have  a  good  right  to 
those  lands  and  grounds,  and  the  buildings  and  im- 
provements thereof,  and  that  the  heir  of  M.  H. 
after  such  purchases,  and  so  long  and  quiet  enjoy- 
ment of  them  under  those  purchases,  ought  not 
upon  such  a  state  demand  without  any  possession 
or  claime  (for  I  look  upon  that  pretended  claim  at 
Boston,  as  idle  and  null)  to  recover  any  of  the  said 
lands  or  grounds,  or  quit  rents  out  of  them. 

2.  Quere. — ^Whether  the  said  purchasers  and 
those  deriveing  from  them,  haveing  had  so  long 
and  uninterrupted  possession,  under  a  purchase 
from  the  naturall  owners,  and  with  allowance  and 
approbation  of  the  said  Governments  there,  and 
after  so  many  towns  built,  treasure  spent,  and  sev- 
erall  discents  cast,  have  not  an  undoubted  and  un- 
avoidable title  to  the  said  lands  by  them  pureha- 
sed  and  possessed. 

I  am  of  opinion,  that  these  purchasers  by  vertue 


Letter  to  Gen.   Winthrop.  241 

of  their  purchasers  and  so  long  uninterrupted  pos- 
session under  them,  have  an  undoubted  right  and 
title  to  these  grounds  and  lands,  and  the  buildings 
and  improvement  of  them,  and  ought  not  now  af- 
ter so  much  money  laid  out  upon  them,  and  such 
enjoyment  of  them,  be  disturbed  in  their  possess- 
ion of  them. 

3.  Quere. — Whether  if  the  heir  of  the  said 
M.  H.  if  he  sues  the  said  purchasers,  ought  not  to 
sue  them  in  New  England,  where  the  lands  in  con- 
troversy lye  &c. 

I  think  regularly  by  the  rules  of  our  laws,  any 
action  brought  for  these  lands  or  grounds,  and  the 
houses  and  buildings  on  them,  ought  to  be  where 
the  lands  lie. 

FR.  PEMBERTON, 

1696, 


Copy  of  a  Letter  from  the  Governor  and  Genei^al 
Assembly  of  the  Colony  of  Connecticut,  to  Gen, 
Winthrop,  Agent  of  said  Colony  in  England, 

Hartford,  October  1696. 
Hono'rd  Sir, 

Your  Letters  of  Decemb.  22,-'95,  and  of  Feb. 
5,-'95,  and  of  May  23d,  '96,  are  come  safe  to  us, 
and  we  rejoyce  in  them  to  hear  of  your  welfare, 
and  that  you  are  in  a  hopfull  way  of  recovery  from 
a  dangerous  sicknesse,  and  doe  count  ourselves 
greatly  oblieged  to  bless  and  prayse  the  Lord  for 
his  goodness  and  mercy  to  you  and  us  therein, 
we  had  expectations  of  your  return  the  last  fall, 

21 


242  Letter  to  Gen,  Winthrop, 

but  were  disapoynted  therein,  but  we  know  not 
but  it  is  for  the  best,  and  that  by  your  stayeing 
there,  you  may  prevent  some  inconveniencies  that 
might  otherwise  have  overtaken  us,  and  especiall 
now  New  York  agints  are  at  Court,  and  posibly 
to  move  against  us,  and  we  doubt  not  but  your 
Hono'r  will  allways  be  ready  as  there  is  opportu- 
nety  to  move  at  Court  on  our  behalfe  and  to  pre- 
vent the  designes  of  any  against  us  to  o'r  damage  ; 
Col.  Fletcher  is  allways  troubleing  us  with  his 
letters  and  calling  for  o'r  Quotae  for  his  assist- 
ance, upon  every  flying  report  of  Indians  or  oth- 
ers ;  this  sumer  he  sent  for  o'r  Quoto  of  men,  we 
sent  him  sixty  men  under  the  comand  of  Capt. 
Wm.  Whiting,  who  marched  so  farr  asWyante- 
nak,  (a  place  your  Hono'r  well  knowes)  and  there 
a  post  w'ch  we  sent  to  Albany  to  see  what  dan- 
ger they  were  in,  he  informed  us  that  the  enemie 
were  retreated  and  so  he  (for  o'r  ease)  dismist 
them,  but  as  soon  as  they  were  come  home  he 
sends  for  them  again,  but  we  could  not  learn  any 
great  danger  they  were  in,  and  our  neighbours  up 
the  river  haveing  been  assaulted  and  6  persons 
slayn  and  4  captivated  and  so  at  New  Roxbury 
the  people  being  alarmed  by  the  enemie,  who  kill- 
ed 2  men  and  3  children,  we  sent  forth  about  sixty 
men  to  their  releife  who  persued  but  could  not 
com  up  with  'them,  since  the  enemie  kiled  one 
neer  at  Hadley  and  shot  at  divers  travelling  be- 
tween town  and  town,  and  the  people  being  dis- 
tressed by  these  things,  sent  to  us  for  relief  the 
last  week,  and  then  we  sent  up  forty  men  to  their 
assistance  which  must  stay  there  till  ye  winter 
comes  in  to  prevent  there  passage  over  the  lakes 
and  down  our  rivers,  all  which  puts  us  to  great 
charge,  and  yet  o'r  neighbours  on  both  hands  do 
not  thinke  we  doe  enough  for  them,  and  therefore 


Letter  to  Gen,  Winthrop,  243 

there  is  very  great  need  of  your  Hono'rs  petition- 
ing his  Ma'tie  for  redress  against  Col.  Fletchers 
unreasonable  demands,  that  so  we  may  playnly  be 
informed  of  o'r  duty  and  be  inabled  to  attend  it, 
and  so  be  freed  from  the  troubles  of  his  demandcs, 
which  are  so  often  that  we  are  faine  to  have  so 
many  meetings  to  answer  him  that  it  brings  charge 
as  well  as  trouble  to  us  ;  as  we  doe  not  fully  un- 
derstand what  Col.  Fletchers  agents  have  or  will 
object  against  us,  but  last  year  we  sent  sundry  of 
his  letters  and  o'r  answers,  by  which  you  will  un- 
derstand something  of  ye  manner  of  treating  us  ; 
and  at  this  time  you  will   also  receive  some  late 
letters  and  demands  of  his,  and   our  answers  to 
them,  which  will  give  you  more  light  in  these  af- 
fayres.     Sr  we  have  allso  inclosed  an  address  to 
his  Ma'tie  which  we  request  you  to  peruse,  and  if 
you  approve  thereof  to  pr'sent  his   Sla'tie  with  it, 
and  if  you  dislike  it  we  leave  it  with  you  by  good 
advice  to  prepare  and  present  his  Ma'tie   with  an 
address  in  o'r  behalfes,  and  to  doe  what  further 
shall  be  needfuU  for  you  as  o'r  agent  to  doe  for  us. 
Sr  you  may  remember  in  o'r  address  to  his  Ma'tie 
October  28,  1695  we  petitioned  his  Ma'tie  to  be- 
stowe  some  arms  and  ammunition  upon  us  where- 
by we  might  be  able  to  defend  or'selves  and  neigh- 
bours and  offend  o'r   enemies,   but   vou    mention 
nothing  to  us  in  your  letters,  whither  you  did  pre- 
sent it  nor  how  it  was  accepted,  therefore  if  it  be 
not  don  we  desire  you  would  doe  it  yet,  for  indead 
we  have  great  need,  and  we  are  disinabled  of  pro- 
cureing  such  supplyes    as  we  need  by  reason  of 
the  loss  and  damage  we  have  received  in  o'r  crops 
these  two  last  years,  we  hope  his  Ma'tie  will  be  fa- 
vowerable  to  us  therein. 

Sr  we  shall  take  care  to  send  you  some  money 
to  enable  you  to  attend  o'r  afFayres,  we  are  sorry 


244  Letter  to  Gen,  Winthrop. 

o'r  last  hundred  pawnd  sent,  went  into  |the  hands 
of  the  French ;  we  are  now  de&igneing  two  hun- 
dred pownd  to  you  more,  which  we  hope  may 
com  safe  to  yourliands,  of  which  you  shall  receive 
a  more  perticuler  acc't. 

Hono'ed  Sr,  we  are  very  sorry  to  understand 
the  discouragements  you  are  under  for  want  of  o'r 
letters,  we  find  they  have  miscaryed  in  there  way 
to  you,  we  should  much  rejoyce  to  see  you  here,* 
and  then  the  trouble  and  care  of  letters  would  be 
over,  and  we  hope  God  in  his  good  time  will  give 
us  opportunity  of  seeing  you,  and  rejoycing  to- 
gether with  you  in  all  that  goodness  God  hath 
shewen  to  you  and  us  since  you  left  us,  and  we 
have  thought  meet  to  desire  you,  when  you  return 
home  to  improve  some  trusty  friend,  that  may 
have  an  interest  at  Court  that  may  upon  any  oc- 
casion defend  o'r  interest,  and  to  acquaint  us  what 
may  be  advantagious  for  us,,  and  how  we  are  to 
demean  ourselves  in  all  that  trust  that  is  comitted 
to  us  by  his  Ma'tie  in  all  affaires  that  doe  con- 
cern his  interest  at  home  or  abroad,  approvii;ig 
ourselves  to  be  good  and  loyall  subjects,  which  is 
all  at  present. 

From  your  friends  and  servants,  heartily  desire- 
ing  and  praying  for  your  prosperity  and  welfare, 
and  safe  returne  in  Gods  time. 

The  Govern'r  and  Gen'ell  Assembly  of  his  Ma- 
jesties Colony  of  Connecticutt. 


Letter  from  Lords  of  Com.  of  Trade.     245 


A  Letter  from  the  Rt.  Hon.  the  Lords  of  the 
Committee  of  Trade,  relating  to  the  Militia  of 
Connecticut,  <SfC. 

Gentlemen — 

His  Majesty  haveing  been  frequently  informed 
of  the  regard  which  severall  of  the  colonies  con- 
cerned have  had,  to  the  Quota  appointed  by  her 
late  Majestic  of  blessed  memory,  in  the  year  1694, 
to  be  observed  dureing  this  v^arr,  for  the  defence 
of  the  frontiers  of  the  territories  of  the  province 
of  New  York,  in  the  following  proportions,  viz  : — 

Connecticutt,  120 

Rhoad  Island  and  Providence,  48 

Massachusets,  350 

Maryland,  160 

Virginia,  240 

New  York,  200 

Pensilvania,  80 
And  any  part  of  the  Militia  of  East 
and  West  Newjerseys  not  excee- 
ding                                                 )       700 

1898 

And  his  Majesty  being  at  the  same  time  sensi- 
ble of  the  necessity  of  that  contribution,  either  in 
men  or  money  for  the  general  security  of  his  colo- 
nys  on  the  continent  of  America ;  hath  comman- 
ded us  to  signifie  unto  all  those  above  named,  that 
it  is  his  pleasure  they  should  each  of  them  contrib- 
ute and  pay  their  respective  proportions  to  the 
Government  of  New  York,  according  to  her  late 
Majesties  foresaid  regulation.  We  therefore  re- 
commend it  to  your  care,  that  in  relation  of  the 
colony    of   Connecticutt,  his  Majesties  pleasure 

21* 


246    Letter  from  Lords  of  Com,  of  Trade, 

therein  be  for  the  future  punctually  observed  and 
executed. 

His  Majesty  haveing  also  been  informed  by 
complaints  from  severall  hands,  of  the  undue 
methods  practised  in  some  of  his  colonies  for  se- 
ducing the  inhabitants  from  others,  and  being  sen- 
sible how  much  that  practice  is  contrary  to  the 
common  interest  of  the  whole,  hath  commanded 
us  to  write  unto  the  severall  Governours  or  Gov- 
ernment of  each  colony,  that  they  take  care  that 
effectuall  laws  be  made  in  each  of  their  respective 
Governments  against  the  receiving  and  harbour- 
ing not  only  of  deserters,  but  also  of  such  fugi- 
tives as  leave  any  of  his  plantations  contrary  to 
the  laws  provided  for  the  purpose  in  each  planta- 
tion respectively;  which  therefore  we  also  now 
accordingly  recommend  to  your  observation. 

And  whereas  his  Majestic  hath  also  received 
complaints,  that  the  entertainment  given  the  py- 
rates  in  some  of  his  colonies,  and  more  particular- 
ly those  under  distinct  proprieties,  had  occasioned 
ill  minded  persons,  seamen  and  others,  to  desert 
their  habitations  and  apply  themselves  to  such 
wicked  and  destructive  courses,  to  the  great  weak- 
ening and  dispeopleing  of  the  colonies  so  abandon- 
ed by  them,  and  to  the  great  dishonnour  of  the 
English  nation,  whereupon  he  hath  also  required 
us  to  write  to  the  sevei^ll  proprietors  and  Govern- 
ours of  all  his  plantations,  that  due  care  be  taken 
for  the  future,  that  no  pymtes  or  sea  robbers  be 
any  where  sheltered  or  entertained,  under  the  se- 
verest penalties,  we  are  obliged  therefore  to  re- 
quire your  strict  care,  as  we  do  others,  that  all 
manner  of  discouragement  be  given  in  the  colony 
of  Connecticut,  both  to  the  rise  and  progress  of 
such  undertakings,  and  that  upon  the  discovery 
thereof  the  offenders  be  punished  according  to  the 


Letter  from  Lords  of  Council.  247 

utmost  severity  of  the  law-^We  are  your  very  af- 
fectionate friends. 

J.  BRIDGEWATER, 
PH.  MEADOWS, 
JOHN  POLLEXFEN, 
JOHN  EOCKE, 
ABR.  HILL. 
White  Hall,  February  the  9th,  1696-7. 

For  his  Majesties  especial  service. 
To  the  Honnourable  the  Governour  and  Com- 
pany of  his  Majesties  Colony  of  Connecticutt,  in 
America. 


A  Letter  from  the  Right  Hon.  the  Lords  of  the 
Council  of  Trade i  relative  to  Pirates,  (fc. 

Cockpit,  March  the  21th,  1697 

Gentlemen — 

Whereas  great  complaints  have  been  made  and 
daily  continue,  of  manifold  mischiefs  comitted  of 
late  years,  in  the  East  Indias,  and  other  parts  of 
the  world,  by  pyrates  and  sea  robbers  ;  and  of  the 
too  favourable  entertainment,  protection  and  en- 
couragement which  it  is  notorious,  have  been  giv- 
en to  many  of  them  in  severall  of  his  Majesties 
colonys  in  America,  both  in  their  preparation  and 
fitting  out  from  thence,  and  in  their  return  thither, 
as  to  a  secure  receptacle.  His  Majesty  takeing 
the  same  into  consideration,  together  with  the  fur- 
ther consequences  of  such  like  perniceous  practi- 
ces, which  by  the  resentment  of  Princes  and  States 


248  Letter  from  Lords  of  Council, 

concerned  and  otherwise,  will  infallibly  more  and 
more  tend  to  the  prejudice  of  trade,  and  bring 
great  scandall  upon  the  EngHsh  name  and  nation. 
And  desireing  that  this  evill  may  be  at  once  effec- 
tually cured  in  the  root  and  spring  of  it,  hath  there- 
upon been  pleased  to  direct  us  to  send  unto  the 
Governours  of  all  his  plantations  in  America, 
copies  of  an  act  past  on  the  Island  of  Jamacia, 
for  restraining  andjmnishing  of  Prnvateers  and 
Py rates,  which  may  be  very  usefull  for  that  end, 
and  to  require  all  his  said  Governours  respectively, 
to  use  their  utmost  endeavours  with  the  assem- 
blies, in  each  of  his  said  plantations,  for  the  pass- 
ing of  acts  there  to  the  same  effect,  and  when 
past,  to  be  very  vigilant  in  the  exact  execution 
thereof.  Wee  therefore  accordingly  send  you 
herewith  a  copy  of  the  said  act,  that  his  Majesties 
pleasure  may  be  punctually  observed  in  the  colony 
of  Connecticut,  and  that  you  may  give  us  an  ac- 
count of  your  proceedings  therein — So  we  bid 
you  heartily  farewell. 

Your  very  loving  friends, 

J.  BRIDGE  WATER, 
PH.  MEADOWS, 
JOHN  POLLEXFEN, 
ABR.  HILL, 
WILLIAM  BLATHWAYT. 

For  his  Majesties  especial  service. 
To  the  Honnourable  the  Governour  and   Com- 
pany of  his  Majesties   Colony  of  Connecticut,  in 
America. 

Connecticut. 


LeUer  from  King  William  IIL  249 


A  Letter fi'om  his  Majesty,  King  William  the  3J, 
concerning  frauds  in  the  Plantation  Trade^ 
^c. 

William  R. 

Trusty  and  well  beloved,  wee  greet  you  well : — 
Whereas,  notwithstandtng  the  many  good  laws 
made  from  time  to  time,  for  preventing  of  frauds 
in  the  Plantation  Trade,  it  is  manifest  that  very 
great  abuses  have  been  and  continue  still  to  be 
practised,  to  the  prejudice  of  the  same,  which 
abuses  must  needs  arise,  either  from  the  insolv- 
ency of  the  persons  who  are  accepted  for  security, 
or  from  the  remissness  or  connivance  of  such  as 
have  been,  or  are  Governours  of  the  several  1  plan- 
tations, who  ought  to  take  care  that  those  persons 
who  give  bond  should  be  duely  prosecuted  in  case 
of  non-performance,  you  are  to  take  notice,  that 
we  take  the  good  of  our  plantations,  and  the  im- 
provement of  the  trade  thereof  by  a  strict  and 
punctuall  observance  of  the  severall  laws  in  force, 
concerning  the  same,  to  be  of  so  great  importance 
to  the  benefitt  of  this  our  kingdom,  and  the  ad- 
vanceing  of  the  duties  of  our  customs  here,  that  if 
we  shall  be  hereafter  informed,  that  at  any  tyme, 
there  shall  be  any  failure,  in  the  due  observance 
of  those  laws,  within  our  colony  of  Connecticott, 
by  any  willfull  fault  or  neglect,  on  your  part,  wee 
shall  look  upon  it  as  an  infraction  of  those  laws, 
tending  to  the  forfeiture  of  our  letters   pattentSj 


250  Letter  from  William  Popple. 

for  the  Government  of  that  our  said  colony.     So 
we  bid  you  heartily  farewell. 

Given  at  our  court,  at  Kensington,  this  22d  day 
of  Aprill,  1697,  in  the  ninth  year  of  our  reign. 
Bv  his  Majesties  command, 

SHREWSBURY. 

To  our  trusty  and  well  beloved,  the  Governour 
and  company  of  the  colony  of  Connecticott,  in 
America — Connecticutt. 


A  Letter  from  William  Popple^  Esqr.^  to  Gov. 
Winthrop  loliile  in  Englandj  as  Agent  for  the 
Colony  of  Connecticut. 

White  Hall,  Aprill  the  23th,  1697. 

Sir — The  Lords  Commissioners  of  the  Councill 
of  Trade,  have  commanded  me  to  send  you  the 
inclosed  copy  of  the  petition  of  the  Dutchess  of 
Hamilton,  with  his  Majesties  order  in  Councill 
upon  it,  relating  to  the  Narraganset  country  ;  that 
you  may  consider  thereof,  and  offer  to  their  Lord- 
ships in  writing,  (on  Monday  next  in  the  afternoon, 
or  so  soon  as  conveniently  you  can,)  what  reasons 
you  conceive  the  Governour  and  company  of 
Connecticutt  have,  why  the  prayer  of  the  said 
petition  should  not  be  granted. 

I  am,  sir,  your  most  humble  servant, 

WM.  POPPLE. 


Petition  of  Dutches  of  Hamilton,         251 


A  copy  of  the  Petition  of  Anne,  Dutches  of  Ham- 
ilton, to  the  King, 

To  THE  King's  most  Excellent  Majesty — 

The  humble  Petition  of  Anne,  Dutchess  of  Ham- 
ilton, Daughter  and  heir  of  James,  late  Duke  of 
Hamilton,  sheweth — 

That  your  Petitioner,  is  by  vertue  of  an  antient 
grant,  made  to  the  said  James,  Duke  of  Hamilton, 
intituled  to  a  tract  of  land  in  America,  formerly 
called  the  county  of  New  Cambridge,  and  now 
known  by  the  name  of  the  Narragansett  country, 
or  the  Kings  Province,  and  to  severall  islands 
adjacent  thereunto,  as  by  the  annexed  state  of  the 
case  may  more  fully  appear ;  which  said  tracts  of 
lands  your  petitioners  father  intended  to  settle, 
untill  he  was  prevented  by  the  rebellion  in  Eng- 
land, wherein  he  espouseing  the  royall  cause  of 
King  Charles  the  first,  lost  his  life,  leaving  your 
petitioner  very  young,  duering  which  warr,  and 
your  petioners  minority,  severall  persons  pos- 
sessed themselves  of  the  best,  and  considerable 
part  of  the  said  tract  of  land  and  islands,  without 
any  title  derived  from  your  petitioners  said  father, 
or  herself,  and  have  never  paid  any  quit  rent,  or 
made  any  acknowledgement  for  the  same,  though 
your  petitioner  and  her  late  husband,  William, 
Duke  of  Hamilton,  made  frequent  claims  to  it 
after  the  restauration  of  King  Charles  the  second, 
and  offered,  as  your  petitioner  still  does  offer,  to 
confirme  to  the  planters,  their  respective  settle- 
ments under  such  reasonable  acknowledgments 
as  are  paid  by  other  planters  in  the  like  cases. 

Your  petitioner  therefore  most  humbly  prays 
your  Majestic  to  give  order,  that  she  may  be  es- 


2S2  Order  in  CouncilL 

tablished  in  her  right  to  the  said  tract  of  land,  and 
that  the  said  inhabitants  may  pay  her  such  quit 
rents  for  her  lands  they  have  taken  upp,  as  your 
Majesty  in  your  great  wisdome  shall  think  just, 
and  that  the  residue  of  the  lands  unimproved  may 
be  put  into  your  petitioners  possession,  and  your 
petitioner  will  ever  pray. 
A  true  copy. 

WILLIAM  BRIDGEMAN. 


His  Majesties  order  in  Councill,  upon  the  petition 
of  Anne,  Dutches  of  Hamilton, 

At  the  Court  at  Kensington,  ) 

the  22d  day  of  April,  1697.    j 

Present. 

The  Kings  most  excellent  Majestic  in  Council!, 

Upon  reading  this  day  at  the  Board,  the  humble 
petition  and  case  of  Anne,  Dutchess  of  Hamilton, 
daughter  and  heir  of  James,  late  Duke  of  Hamil- 
ton, his  Majesty  takeing  the  same  into  his  Royall 
consideration,  is  pleased  to  order  in  Councill,  that 
the  said  petition,  and  case,  (copies  whereof  are 
annexed,)  be,  and  are  hereby  referred  to  the  Right 
Honnourable,  the  Councill  of  trade,  for  their  con- 
sideration, and  to  report  the  state  of  the  matter 
with  their  opinion,  what  they  conceive  his  Majes- 
tic may  fitly  do  therein,  for  the  honnourable  peti- 
tioners just  satisfaction. 

WILLIAM  BRIDGEMAN. 


Case  of  Dutches  of  Hamilton,  253 

A  Letter  from  Wm.  Popple  Esqr.,  to  Gov.  Win- 
throp,  enclosing  a  copy  of  the  case  of  the  Dutch- 
es of  Hamilton,  relative  to  Narraganset  coun- 
try. 

White  Hall,  Aprill  the  26th,  1697. 

Sir — According  to  your  desire  I  send  you  here- 
withall  a  copy  of  the  case  of  the  Dutchess  of 
Hamilton,  and  am  thereupon  commanded  by  the 
Lords  Commissioners  of  the  Councill  of  Trade, 
to  desire  you  to  dispatch  your  answer  thereunto 
without  delay. 

I  am  sir  your  most  humble  servant, 

WILLIAM  POPPLE. 


The  case  of  the  Dutches  of  Hamilton,  presented  to 
the  King  in  Council. 

Third  November,  1620,  King  James  the  jfirst, 
by  Letters  Pattent,  incorporated  the  Duke  of 
Lenox,  Marques  of  Buckingham,  and  divers  oth- 
ers, by  the  name  of  the  great  Councill  of  Plym- 
outh, in  the  county  of  Devon,  for  the  planting, 
ruleing,  ordering  and  governing  New  England,  in 
America,  and  grants  to  them  and  their  successors, 
all  the  lands,  &c.  in  America,  lying  between  forty 
and  forty  eight  degrees  of  northerly  lattitude,  and 
all  islands,  seas,  rivers,  creeks,  inlets  and  havens, 
within  those  degrees,  reserving  only  a  fifth  part  of 
the  oar  gold  and  silver. 
22 


254  Case  of  Dutches  of  Hamilton, 

Twenty  second  Aprill,  1635,  the  great  Councill 
of  Plymouth,  reciting  the  letters  pattent  above,  in 
performance  of  an  agrement  amongst  themselves, 
and  for  a  competent  summ  of  money,  grant  to 
your  petitioners  father,  James  then  marquess  ol 
Hamilton,  (afterwards  Duke  of  Hamilton,)  his 
heirs  and  assigns,  amongst  other  things,  all  that 
part  and  portion  of  the  main  lands  of  New  Eng- 
land, beginning  at  the  middle  or  mouth  of  the 
entrance  of  Connecticutt  river,  and  from  thence 
along  the  sea  coast  to  the  Narragansett  river  or 
harbour,  to  be  accounted  sixty  miles  in  length  and 
breadth,  and  all  islands  and  isletts,  as  imbayed  as 
ivithin  five  leagues  distance  of  the  premises,  and 
abutting  upon  the  same  or  any  part  thereof,  not 
otherwise  granted  by  any  by  speciall  name,  and 
appoints  the  premises  to  be  called  from  thence- 
forth by  the  name  of  the  county  of  New  Cam- 
bridge. 

1636,  the  Duke  of  Hamilton  sent  over  an  agent 
to  survey  and  settle  the  country,  but  the  civill  warr 
beginning  soon  after,  and  the  Duke  of  Hamilton 
being  engaged  in  the  Kings  service,  had  no  further 
leisure  to  look  after  his  interest  in  America ;  and 
the  revolt  of  those  colonys  from  the  King,  made 
it  impracticable  for  him  so  to  doe. 

The  Duke  of  Hamilton  lost  his  life  for  the  King, 
and  leaving  your  petitioner,  his  daughter  and  heir, 
under  age,  whose  misfortune,  as  well  as  minority, 
incapacitated  her  to  assert  her  right. 

Duering  this  time  severall  persons  from  other 
adjacent  colonies  settled  themselves  on  the  peti- 
tioners lands,  without  any  legall  authority  derived 
from  her  or  her  father. 

1664,  after  the  restoration  of  King  Charles  the 
second,  the  late  Duke  and  present  Dutchess  of 
Hamilton,   made  their  claime  by  petition  to  the 


Case  of  Dutches  of  Hamilton,  255 

King,  who  referred  it  to  the  Commissioners  then 
appointed  to  settle  the  affairs  of  New  England, 
to  examine  the  petitioners  title,  and  restore  them 
to  their  right,  or  to  report  their  opinion  to  the 
King. 

This  refference  did  not  arrive,  till  two  of  the 
Commissioners,  vizt.  Sr  Robert  Carr  and  Coll. 
Cartwright  were  returned  to  old  England ;  but 
the  other  two  Commissioners,  Collonel  Richard 
Nicholls  and  Mr.  Mavericke,  in  one  thousand  six 
hundred  sixty  six,  reported  that  the  grant  made 
to  the  petitioners  father,  took  in  all  Rhoad  Island 
.colony  and  about  half  of  Connecticutt,  and  that 
the  Sachems  of  the  Narraganset  country  or  King 
Province,  had  in  one  thousand  six  hundred  forty 
four,  (which  twenty  three  years  after  the  grant 
from  King  James  the  first  to  the  Councill  of 
Plymouth,  and  nine  years  after  their  grant  to  the 
Marquess  of  Hamilton,)  by  a  deed  surrendered 
themselves  and  country  into  the  protection  of 
King  Charles  the  first ;  and  that  two  of  those 
very  Indian  Kings  dehvered  the  same  deed  to 
the  Commissioners  in  one  thousand  six  hundred 
sixty  four,  who  thereupon  entered  into  the  country 
in  the  name  of  King  Charles  the  second,  and 
named  it  the  Kings  Province,  and  appointed  Jus- 
tices of  the  peace  to  govern  it  till  the  Kings  plea- 
sure were  further  known. 

Notwithstanding  this  evasive  report,  taking  no 
notice  of  the  petitioners  claime,  King  Charles  the 
second  issued  out  a  proclamation,  prohibiting  all 
persons  to  intrude  or  plant  on  the  said  Narrogan- 
set  country,  to  prevent  the  irregular  settlements 
which  have  since  happened  in  that  place,  of  which 
the  petitioner  complains. 

1682,  King  Charles  the  second  appointed  Mr. 
Cranfield,  Mr.  Dudley,  Commissioners  for  exam- 


256  Case  of  Dutches  of  Hamilton. 

ining  the  titles  of  all  persons  claiming  right  in  th^ 
Narroganset  country. 

The  late  Duke  of  Hamilton  and  the  petitioner 
haveing  notice  of  this  Commission,  impowered 
Mr  Edward  Randolph  to  exhibit  their  title  before 
Commissioners,  but  they  had  finished  and  sealed  up 
their  report  before  he  arrived  there. 

Mr.  Randolph  notwithstanding  made  his  appli- 
cation to  the  Commissioners,  and  produced  the 
petitioners  title  before  them,  but  the  fleet  being 
then  ready  to  sail  for  England,  and  the  persons  of 
whom  the  petitioner  complained,  being  then  not 
present,  the  Commissioners  only  made  a  short 
report,  that  they  had  seen  the  petitioners  grant, 
and  that  it  comprehended  the  greatest  part  of 
Narroganset  country,  and  that  they  had  sent 
copies  of  it  to  the  planters  who  had  intruded  into 
that  country  without  title,  that  they  return  their 
answer  to  England. 

1687,  Sir  Edmund  Andross,  then  Governour  of 
New  England,  received  a  Commission  to  make 
further  enquiry  into  the  propriety  of  the  Narro- 
ganset country,  who  upon  a  full  hearing  of  all  per- 
sons then  possessing  that  country,  reports,  that  the 
possessors  had  no  legall  title,  but  were  intriKlers, 
and  that  the  grants  of  that  country  to  Connecticutt 
and  Rhoad  Island  people,  which  were  obtained 
from  King  Charles  the  second,  in  one  thousand  six 
hundred  sixty  two,  and  one  thousand  six  hundred 
sixty  three,  were  got  by  surprize  and  false  sugges- 
tions of  some  former  grants,  which  he  averrs  in 
that  report  were  never  made. 

Of  this  Commission  and  report,  the  petitioner 
had  no  manner  of  notice,  and  therefore  could 
make  no  claime  before  him,  otherwise  the  peti- 
tioner makes  no  doubt  but  her  title  had  been  sus- 
tained at  that  time* 


Case  of  Dutches  of  Hamilton.  257 

Memorandum. 

Upon  the  twenty  ninth  of  Aprill,  1697,  the  Earle 
of  Aran  delivered  to  the  Councill  of  Trade,  an- 
other copy  of  the  case  of  Ann  Dutchess  of  Ham- 
ilton, in  which  the  paragraph  beginning,  Mr.  Ran- 
dolph, notwithstanding,  &c.,  was  altered  in  the 
words  following — 

Notwithstanding,  the  Commissioners  being  clos- 
ed, upon  the  application  of  Mr.  Randolph,  they 
gave  in  an  additional  report  in  the  year  1683, 
wherein  they  declare,  that  they  had  summoned 
the  proprietors  who  made  claime  to  the  Kings 
Province  or  Narragansett  country,  and  in  their 
presence  had  read  the  copie  of  the  Duke  and 
Dutchess  of  Hamiltons  deeds,  and  heard  Mr.  Ran- 
dolphs pleas  and  improvements  thereon,  as  agent 
for  the  Duke  and  Dutchess  of  Hamilton,  and  have 
also  received  the  answer  and  defence  of  the  said 
proprietors,  and  at  the  same  time  they  did  also 
order  copies  of  the  deeds  of  the  Duke  and  Dutch- 
ess of  Hamilton  to  be  sent  to  the  colony  of  Con- 
necticutt,  to  the  end  that  they  might  make  answer 
thereunto,  which  was  don  in  eighty  three,  and  in 
December  following,  the  Governour  and  Councill 
of  Connecticutt,  gave  in  their  answer  to  the  Duke 
and  Dutchess  claime,  which  the  petitioner  is 
ready  to  produce,  with  the  reply  thereunto. 


22 


* 


258  Memorial  of  Gen,  Winthrop, 


Copy  of  a  Memorial  laid  before  the  Lords  of  the 
Council  of  Trade,  hy  Gen,  Winthrop^  relative 
to  the  Petition  of  the  Dutches  of  itamilton,  to 
the  King. 

To  the  Right  Honnourable  the  Lords  Commis- 
sioners of  the  Councill  of  Trade  and  Plantations. 
The  memorial  of  Major  General  Winthrop,  agent 
for  his  Majesties  colony  of  Connecticutt,  in  New- 
England. 

In  obedience  to  your  Lordships  commands,  in- 
timated to  me  by  Mr.  Popple,  that  I  should  give 
an  answer  to  the  Dutchess  of  Hamiltons  Petition 
and  complaint  to  the  King ;  I  humbly  offer  that 
the  matter  of  the  said  complaint  concerns  a  great 
number  of  people  in  New  England,  who  as  yett 
have  no  notice  thereof,  and  that  all  the  deeds  and 
writings  that  serve  to  make  out  the  title  of  the 
persons  in  possession,  to  the  lands  in  controversy, 
are  in  New  England. 

That  I  have  no  instructions  in  the  matter,  nor 
directions  to  appear  for  any  of  the  persons  con- 
cerned, but  hope  notice  will  be  sent,  and  a  con- 
venient time  allowed  them  before  any  determin- 
ation be  had  in  a  matter  of  so  great  weight  and 
concernment. 

J.  WINTHROP. 
Aprill  30th  1697. 


Letter  from  Lords  of  Council,  259 


A  Letter  from  the  Lords  of  the  Council  of  Tirade, 
relating  to  the  Dutches  of  Hamilton's  claim,the 
controversy  between  Connecticut  and  Rhode  Is- 
land, the  Militia  of  Connecticut,  <^, 

Gentlemen — 

Wee  send  you  herewith  the  duplicate  of  a  let- 
ter that  we  writ  you  the  9th  of  February  last,  and 
the  copy  of  one  sent  you  the  22d  of  April  last, 
both  of  which  were  delivered  to  Major  General 
Winthrop  to  be  accordingly  transmitted.  And 
he  being  himself  about  to  return  to  you,  we  must 
acquaint  you  that  he  has  dilligently  solicited  all 
things  that  concern  the  colony  of  Connecticutt. — 
The  Dutchess  of  Hamilton  haveinj?  renewed  her 
claime  to  the  property  of  the  Narragansett  coun- 
try, we  have  delivered  unto  him  copies  of  her  pe- 
tition and  case,  upon  which  we  haveing  laid  our 
opinion  before  their  Excellencies  the  Lords  Justi- 
ces ;  so  soon  as  any  resolution  is  taken  thereupon, 
either  by  their  Excellencies  or  his  Majesty,  we 
shall  not  fail  to  give  you  such  notice  thereof  as 
may  be  requisite.  It  haveing  been  impossibleTor 
us  to  determine  any  thing  upon  the  controversy 
between  you  and  Rhoad  Island,  about  the  Gov- 
ernment of  the  Narragansett  country,  because 
nobody  has  appeared  before  us,  on  the  behalf  of 
Rhoad  Island;  we  cannot  but  offer  to  you  our 
opinion,  that  an  amicable  agreement  between  your- 
selves about  the  boundaries  of  your  two  colonies, 
may  be  for  mutuall  advantage,  and  thereupon  ex- 
hort you  (as  them)  to  apply  yourselves  unto  the 
Right  Honnourable  Earl  Bellemont,  that  he  would 
please  to  assist  you  on  both  sides,  in  the  comprom- 
izeing  of  your  differences :  which  if  it  according- 


260  Letter  from  Lords  of  Council. 

ly  succeed,  then  we  desire  you  to  send  us  over  by 
the  first  opportunity,  authentick  copies  of  your 
said  agreement ;  that  it  may  by  that  means  be 
made  fixt  and  unalterable.  But  if  through  any 
obstinacy,  either  on  your  part  or  theirs,  our  inten- 
tions in  this  method  of  a  friendly  compromise  be 
frustrated,  we  have  then  desired  his  Lordship  to 
give  both  you  and  them  notice  to  send  over  agents 
hither  as  early  as  may  be,  the  next  spring,  in  or- 
der to  a  finall  determination  of  that  matter,  upon 
a  full  hearing  of  both  parties.  His  Majesty  have- 
ing  been  pleased  to  appoint  his  said  Lordship,  the 
Earl  of  Bellemont  to  be  Governour  and  Com- 
mander in  Chief  of  his  Provinces  of  the  Massa- 
chusetts Bay,  New  York  and  New  Hampshire, 
with  powers  also  of  Capt.  Generall  over  the  col- 
onies of  Connecticott,  Rhoad  Island  and  other 
places  ;  explaining  however  his  Royall  intention 
therein,  that  in  time  of  peace,  the  Militia  within 
each  of  the  said  colonies,  be  left  to  the  Govern- 
ment and  disposition  of  the  respective  Governours 
of  the  same ;  yet  so  nevertheless  that  in  case  of 
apparent  danger  or  other  exigency,  his  Lordship 
do  at  all  times  take  upon  himself  the  superiour 
command  of  those  forces  according  to  the  tenor 
of  his  comission,  you  are  accordingly  upon  all  oc- 
casions relating  to  the  colony  of  Connecticott,  to 
give  obedience  to  his  Majesties  pleasure  therein. 
Whereas  the  Lords  spirituall  and  temporall  in  Par- 
liament, did  by  an  address  in  their  last  session, 
humbly  represent  to  his  Majesty,  as  a  matter  of 
great  importance  both  to  this  Kingdom,  and  to  his 
Majesties  plantations  in  America,  that  the  many 
good  laws,  which  have  from  time  to  time,  been 
made  for  the  Government  of  the  said  plantations 
should  be  strictly  observed  and  putt  in  execution, 
and  in  order  thereunto  did  humbly  propose  to  his 


Letter  from  Lords  of  CounciL  2G1 

Majesty,  that  the  severall  proprietors  of  the  plan- 
tations, where  his  Majesty  hath  no  Govemours  of 
his  own  nomination,  may  enter  into  security  that 
their  respective  Deputy  Governours  shall  from 
time  to  time  observe  and  obey  all  instructions  that 
shall  be  sent  to  them  from  his  Majesty,  or  any  ac- 
ting under  his  authority,  pursuant  to  the  acts  of 
trade,  relating  to  the  plantations,  and  perticularly , 
(the  colonies  of  Connecticott  and  Rhoad  Island 
and  Providence  plantation,  having  their  Govern- 
ours and  assistants  chosen  annually  by  the  people 
there,  having  no  proprietors  here  in  England,  and 
being  become  a  great  receptacle  for  Pyrates,  and 
carrying  on  severall  illegall  trades,  contrary  to  the 
acts'for  the  Government  of  the  plantations)  that 
the  Governours  of  those  severall  places  may 
therefore  be  obliged  to  give  the  like  security  in 
that  behalf,  his  Majesty  has  thereupon  been  pleased 
to  direct  the  Right  Honnourable  the  Earle  of 
Bellemont  to  require  such  security  from  the  colo- 
ny of  Connecticott,  and  we  give  you  this  notice 
thereof,  in  order  to  your  complyance  with  what 
has  been  thus  required  by  his  Majestic,  in  pursu- 
ance of  the  said  address  of  the  Lords  spiritual! 
and  temporall  in  Parliament — So  we  bid  you 
farewell. 

Your  very  loving  friends, 

J.  BRIDGEWATER, 
PH:  MEADOWS, 
JOHN  POLLEXFEN, 
JOHN  LOCKE, 
ABR.  HILL. 
White  Hall,  August  the  26th,  1697. 

The  Hon.  the  Governour  and  Company  of  his 
Majesties  Colony  of  Connecticott,  in  New  Eng- 
land in  America. 


262  Letter  from  Lords  of  Council. 


A  Letter  from  the  Rt.  Hon.  the  Lords  Commis- 
sioners of  the  Council  of  Trade,  for  publishing 
the  Peace  between  his  Majesty  and  the  French 
King, 

Gentlemen — 

Bv  order  of  their  Excellencies  the  Lords  Justi- 
ces,  we  send  you  herewithall  the  Proclamation  for 
publishing  the  peace  lately  concluded  between  his 
Majesty  and  the  French  King,  upon  the  receipt 
whereof  you  are  required  forthwith,  to  cause  the 
same  to  be  solemnly  published,  in  the  usual  places 
within  his  Majesties  territories  under  your  Gov- 
ernment, and  to  give  notice  to  all  privateers  and 
comanders  of  ships  throughout  said  Government 
to  cease  hostilities  with  the  French  Kings  subjects, 
according  to  the  tenor  of  the  said  Proclamation. 
^o  wee  bid  you  heartily  farewell. 
Your  very  loving  friends, 

J.  BRIDGEWATER, 
PH.  MEADOWS, 
JOHN  POLLEXFEN, 
JOHN  LOCKE. 
ABR.  HILL, 
GEORGE  STEPNEY, 
White  Hall,  October  the  27th,  1697, 

For  his  Majesties  especial  service. 
To  the  Honnourable  the  Governour  and   Com- 
pany of  his  Majesties  Colony  of  Connecticott,  in 
Arnerica, 

Connecticott, 


Petition  to  King,  ^c.  263 


Ait  a  meeting  of  the  Governour  and  Coiincill  ait 
Hartford,  December  2^th,  1697. 

Bv  order  of  the  Lords  Commissioners  of  Trade 
and  Plantations,  the  peace  between  his  Majesty 
and  the  French  King  was  this  day  published  in 
Hartford. 


Copy  of  the  Petition  of  John  and  Nicholas  Hal- 
lam  to  the  King,  and  his  Majesties  reference  of 
the  same  to  the  Lords  of  the  Council  of  Trade, 
<^c. 

To  THE  King's  most  Excellent  Majesty — 

The  humble  petition  of  John  Hallam  and  Nich- 
olas Hallam,  inhabitants  of  New  London,  in  your 
Majesties  colony  of  Connecticut  in  New  England, 
Executors  of  the  last  Will  and  Testament  of  Ol- 
ive Liveen  deceased,  sheweth  that  the  Right  Hon- 
nourable  the  Councill  of  Trade,  by  their  represen- 
tacion  bearing  date  the  9th  March,  1098,-9,  found- 
ed on  an  order  of  your  Majesty  in  Councill,  to 
consider  your  petitioners  case,  and  represent  to 
your  Majesty,  that  there  had  been  an  obstruction 
of  the  course  of  Justice  to  your  petitioners  in  the 
courts  of  the  said  colony,  and  that  it  was  your 
Majesties  inherent  right  to  receive  and  determine 
appeals  from  all  your  Majesties  subjects  in  Amer- 
ica, that  your  Majesty  thereupon  by  order  in 
Councill  dated  the  said  9th  day  of  March  then 
following,  was  graciously  pleased  to  approve  the 


264  Petition  to  King,  ^c, 

said  report,  and  to  order  that  your  petitioners  case 
and  any  other  whatsoever  that  may  hereafter  hap" 
pen  upon  differences  about  private  rights,  be  fair- 
ly heard  and  judged  in  the  proper  courts  estab- 
lished in  that  colony,  and  that  in  case  your  peti- 
tioners or  any  other  persons  should  think  them- 
selves agrieved  by  the  sentance  or  sentances  which 
may  be  there  given,  they  may  be  thereupon  ad- 
mitted to  appeal  to  your  Majesty  in  Councill,  and 
that  in  all  such  cases  the  Governour  and  Compa- 
ny of  the  said  colony  do  take  notice  that  it  is  the 
inherent  right  of  your  Majesty  to  receive  and  de- 
termine appeals  from  all  your  Majesties  subjects 
in  America,  and  the  said  Councill  of  Trade,  were 
by  the  said  order  to  signify  your  Majesties  pleas- 
ure to  the  said  Governour  and  Company  accor- 
dingly. That  the  said  order  was  sent  over  by  the 
said  Councill  of  Trade  to  the  said  Governour  and 
Company,  and  by  them  rec'd  and  openly  read  in 
their  publick  and  General  Assembly,  as  by  affida- 
vit hereunto  annexed,  and  by  a  certificate  under 
the  seal  of  the  said  colony  doth  appear,  and  that 
your  petitioners  did  lately  bring  their  suit  in  the 
Prerogative  court  of  New  London  aforesaid, 
against  John  Winthrop  Esqr.,  Governour  of  the 
said  colony,  and  Edward  Palmes  Esqr.,  Executors 
named  in  the  pretended  last  Will  and  Testament 
of  John  Livecn  deceased,  for  that  the  said  John 
Liveen  was  non  compos  mentis  w^hen  he  made 
his  said  Will,  and  that  the  said  Liveen  by  a  former 
"Vyill,  haveing  no  children  of  his  own,  bad  given 
his  whole  Estate  to  your  petitioners,  and  to  their 
Mother,  then  wife  of  the  said  Liveen.  And  that 
altho  your  petitioners  did  fully  and  plainly  prove 
insanity,  yet  the  said  court  gave  judgment  against 
your  petitioners,  whereupon  your  petitioners  ap- 
pealed to  the  court  of  assistants,  a  Supreme  court 


Petition  to  King,  ^,  265 

held  at  Hartford,  in  the  colony  aforesaid  in  May- 
last,  where  the  said  former  judgment  was  affirm- 
ed. That  your  petitioners  did  their  pray  the  ben- 
efit of  your  Majestys  said  order,  and  did  desire 
and  demand  of  the  said  court  an  appeal  to  your 
Majesty  in  Councill,  but  the  said  court  did  abso- 
lutely and  positively  deny  and  refuse  the  same, 
and  the  said  Winthrop,  who  is  not  only  Governour 
of  the  said  colony,  but  one  of  the  judges  of  the 
said  court,  did  then  pubHckly  declare  no  appeals 
from  thence  should  be  allow^ed  to  your  Majesty  in 
Councill,  and  before  any  should  be  allowed,  they 
would  dispute  that  point  with  your  Majesty,  as  by 
affidavit  annexed  doth  appear. 

That  your  petitioners  being  deprived  of  the 
benefit  of  yo'r  Majestys  said  gracious  order,  by 
the  said  courts  contempt  thereof,  your  petitioner, 
Nicholas  Hallam,  hath  been  necessitated  to  take 
upon  him  the  fatigue  and  expence  of  a  voyage 
to  England,  in  order  to  make  further  application 
to  your  Majesty  for  their  relief  (of  which  your  pe- 
titioners gave  the  defendants  timely  notice)  as  by 
affidavit  annexed  appears,  and  to  that  purpose 
your  petitioner  has  brought  over  sufficient  and  au- 
thentick  copies  of  all  the  papers  and  records  in 
the  said  cause,  under  the  hand  of  the  Secretary, 
and  the  seal  of  the  colony. 

Your  petitioners  therefore  most  humbly  pray 
their  said  cause  may  be  heard  and  determined  by 
your  Majesty  in  councill,  or  that  your  Majesty 
w^ould  be  graciously  pleased  to  give  such  orders 
and  directions  on  your  petitioners  behalfe,  as  that 
your  petitioners  appeal  may  be  allowed,  and  the 
same  heard  and  determined  by  your  Majesty  in 

«  23 


266  Letter  from  Lords  of  Council, 

Coiincill ;  and  your  petitioners,  as  in  duty  bound, 
shall  ever  pray,  &c. 


August,  1798.  i 


JOHN  HALLAM, 
NIC.  HALLAM. 


A  Letter  from  the  Right  Honorable,  the  Lords  of 
the  Council  of  Trade,  relative  to  Pirates  and 
Privateers. 

White  Hall,  Oct.  ye  25th,  1698. 
Gentlemen — 

We  have  received  a  letter  in  the  name  of  the 
Governour  and  Company  of  Connecticott,  signed 
by  the  Secretary,  and  dated  the  27th  January 
last ;  as  also  another  signed  by  Major  Genl.  Win- 
throp  your  present  Governour,  dated  the  first  of 
July  last,  in  which  he  sends  us  the  copy  of  an  act 
of  that  colony  against  Pirates  and  Privateers,  and 
promises  ye  copies  of  the  whole  body  of  acts  or 
laws  of  that  colony  which  we  formerly  desired, 
the  obligation  that  lies  upon  us  to  inspect  the 
laws  of  all  his  Majesties  plantations  in  America, 
and  the  frequent  occasions  we  have  to  do  so, 
make  it  absolutely  necessary  that  yours  be  all  of 
them  transmitted  to  us ;  and  therefore  we  again 
repeat  our  desire,  that  it  may  be  done  in  authen- 
tick  form  without  delay,  as  for  what  relates  per- 
ticularly  to  pyrates;  tho  laws  be  necessary,  we 
observe  that  in  most  places,  execution  is  more 
wanted  than  laws.  And  therefore  we  reco?ii- 
mend  to  you  a  vigilant  care  that  all  persons  who 


Letter  from  Lords  of  Council.  267 

may  be  justly  suspected  of  such  practices  be  seized 
and  prossecuted  with  the  utmost  rigour  that  the 
law  will  allow,  for  they  deserve  it  all,  and  it  is 
notorious  that  many  such  do  land,   sometimes  in 
one  place  and  sometimes  in  another,  and  remove 
from  colony  to  colony,  or  settle  where  they  think 
themselves  most  secure  :  which  could  not  be  done^^ 
if  the  severall  governments  there,  were  so  watch-' 
full  as  their  duty  requires  them;  and  we  should 
be  glad  to  se  som  instance  of  your  diligence  in 
that  kind.     We  observe  also  that  some  sorts  of 
illegall  trade  have  a  great  connection  with  pyracy,! 
perticularly  that  to  Madagascar,   from   whence. [_ 
East   India    comodities,    pyratically    taken,   are 
brought  over  to  the  plantations,  and  there   con- 
nived at ;  and  this  we  have  reason  to  believe  the 
colony  of  Connecticott  is  not  wholly  free  from. 
The  seizure  of  some  East  India  goods  that  was 
made,  or  endeavoured  to  be  made,  in  the  begin- 
ning of  July  last,  by  Capt.  Culhford,  at  Stanford, 
in  Major  Schick's  and  his  sisters  houses,  and  the 
opposition   made   thereunto,   are   an   undeniable 
proof  of  som  sort  of  guilt,  and  we  therefore  desire 
you  to  send  us  an  exact  account  of  that  transac- 
tion, and  to  have  a  constant   care  in  all  these 
matters,  of  what  his  Majesties  service,  and  the 
interest  of  England  requires  from  you— so  we  bid 
you  heartily  farewell. 

Your  very  loving  friends, 

J.  BRIDGEWATER, 

PH.  MEADOWS. 

JOHN  POLLEXFEN, 

ABR.  HILL, 

For  his  Majesties  especial]  service,  to  the  Hon- 
nourable,  the  Governour  and  Company  of  his 
Majesties  colony,  in  America.     Connecticutt. 


268         Instructions  from  Lords  Justices, 


Instructions  from  the  Lords  Justices  of  England, 

Tho.Cantuar,  ^      By  the  Lords  Justices. 

Somerset,  \         "^ 

Pembroke,  E.  S.  S.      I      Instructions  for  the  Gov- 

'  ernourand  Company  of  his 
Majesties  colony  of  Con- 
necticutt,  in  America. 


Marlhoroughf 

lR,omney, 

Orford, 


J 


#• — I         Given  at  White  Hall,  the  10th  day 

\    SEAL.    \     of  Novr.  1698,  in  the  twelfty  year  of 
4-™^^#    ^^s  Majesties  reigne. 

His  Majesty  having  been  informed  that  the 
Navall  Officers,  being  the  persons  appointed  by 
the  Governours  in  his  respective  plantations  in 
America,  to  take  bonds  and  give  certificates  for 
clearing  of  ships,  have  generally  neglected  to  com- 
ply with  the  direction  of  the  late  act  of  Parliament 
for  preventing  frauds  and  regulating  abuses  in  the 
plantation  trade,  vi^hich  requires  their  giving  secu- 
rity to  the  Commissioners  of  the  customs  in  Eng- 
land, for  the  due  discharge  of  their  tinast,  and  it 
haveing  been  further  represented  to  his  Majesty, 
that  beside  the  security  w^hich  the  said  navall 
officers  are  obliged  by  law  to  give,  it  would  be 
very  expedient  that  (according  to  the  constitution 
of  the  customes  in  England  which  has  provided  a 
controul  upon  the  action  of  every  officer  imployed  ■ 
therein,)  the  concurrence  of  the  collectors  ap- 
pointed by  the  commissioners  of  the  customes  in 
his  Majesties  plantations,  should  also  be  necessary 
to  so  important  an  act  as  that  of  signing  certifi- 
cates for  clearing  of  ships.  His  Majesty  takeing 
the  same  into  consideration,  is  hereby  pleased  to 
declare  his  will  and  pleasue,  and  you  are  accor- 
dingly hereby  required,  to  take  care  that  the  naval 


Letter  from  James  Vernon,  269 

officer  or  officers,  in  his  Majesties  colony  of  Con- 
necticutt  in  America,  under  your  government,  do 
give  security  for  the  due  discharge  of  his  or  their 
trust,  to  such  person  as  is  or  shall  be  appointed 
by  the  comissioners  of  the  customes  for  that  pur- 
pose, according  to  the  direction  of  the  foremen- 
tioned  act  of  Parliament,  and  hkewise  that  you  do 
not  admitt  or  allow  any  certificates  signed  by  the 
navall  officer  or  officers  aforesaid  ;  for  the  clearinsr 
of  ships  within  his  Majesties  said  colony  of  Con- 
necticott  to  be  valid  and  effectuall,  for  that  end, 
without  the  concurrence  of  the  collector  appoint- 
ed there,  by  the  comisioners  of  his  Majesties  cus- 
tomes. 

By  their  Excellencies  command, 

JA.  VERNO| 

^yP^^O^  THE         ^ 

r-uNIVSESIT7 

A  Letter  froin  the  Rt.  Hon.  James  Vernon,  one 
of  his  Majesties  Secretaries  of  State,  for  the 
apprehension  of  Capt.  KidcL 

White  Hall,  23d  November,  1698. 

Gentlemen — 

The  Lords  Justices  being  informed  by  several 
advices  from  the  East  Indias,  of  the  notorious  Pi- 
races  comitted  by  Capt.  Kidd,  Commander  of  the 
Adventure  Galley,  and  of  his  having  seized  and 
plundered  divers  shipps  in  those  seas.  As  their 
Excellencies  have  given  order  to  the  Commander 
of  the  Squadron  fitted  out  for  the  East  Indias,  that 
he  use  his  utmost  endeavours  to  pursue  and  seize 
the  said  Kidd,  if  he  continu'e  still  in  those  parts,  so 

23* 


270  Letter  from  James  Vernon. 

likewise  they  have  comanded  me  to  signifie  their 
directions  to  the  respective  Govemours  of  the 
colonies  under  his  Majesties  obedience  in  Ameri- 
ca, that  they  give  strict  orders,  and  take  perticular 
care  for  apprehending  the  said  Kidd  and  his  ac- 
compUces,  whenever  he  or  they  shall  arrive  in  any 
of  the  said  plantations,  as  likewise  that  they  se- 
cure his  ship  and  all  the  effects  therein,  it  being 
their  Excellencies  intention,  that  right  be  don  to 
those  who  have  been  injured  and  robbed  by  the 
said  Kidd,  and  that  he  and  his  associates  be  pros- 
secuted  with  the  utmost  vigour  ot  the  Law.  You 
are  to  be  carefull  therefore,  duly  to  observe  the 
said  directions,  and  if  the  said  Kidd,  or  any  of  his 
accomplices  happen  to  be  seized  within  the  prov- 
ince under  your  Government,  you  are  forthwith  to 
transmitt  an  account  thereof  hither,  and  take  care 
that  the  said  persons,  shipp  and  effects  be  secured, 
till  his  Majesties  pleasure  be  known  concerning 
them.  I  am  Gentlemen,  your  most  faithfull  hum- 
ble Servant, 

JA.  VERNON. 

To  the  Governour  and  Company  of  his  Majes- 
ties Colony  of  Connecticott  in  America. 

I^ote. — Capt.  Kidd  was  an  Englishman  by  birth,  a  mariner 
of  high  reputation,  and  in  the  Reign  of  William  3d  he  be- 
came master  of  a  Privateer  in  the  West  Indies,  with  the  char, 
acter  of  an  adept  seaman,  a  bold  and  daring  officer.  The 
Governor  of  Barbadoes  interceded  with  the  Crown  to  give 
Kidd  power  to  suppress  piracy  and  place  him  in  the  command 
of  a  Government  ship  for  this  purpose.  The  Crown  issued  a 
Commission  to  Capt.  Kidd  to  that  effect,  with  the  title  of  Ad- 
miral of  England,  dated  Dec.  11,1695,  with  power  to  appre- 
hend  all  pirates  and  freebooters  and  bring  them  to  legal  trial . 
Indeed  iso  implicit  was  the  confidence  of  the  King  in  him  at 
that  time,  that  he  entrusted  him  with  another  Commission,  that 
of  reprisals  to  take  French  Merchant  ships,  during  the  war 
with  England  and  France.    In   1696  Kidd  sailed  from  Eng- 


Letter  from  James  Vernon,  271 

land  to  New  York,  armed  with  thirty  guns  and  about  80  men. 
On  his  arrival  at  New  York  he  doubled  his   number  of  hands 
and  put  again  to  sea.     The  first  dishonest   or  piratical   act  of 
Kidd  was  at  Mabbee,  on  the  Red  Sea,  when  he  took  a  quantity 
of  corn  ;  after  this,  he  soon  pursued  the  life  of  a  pirate,  and  a 
more  blood  thirsty,  daring  and  cruel  one,  did  not  sail  the  ocean. 
He  was  for  some  time  about  the   coast  of  Malabar,  where  he 
plundered  many  small  vessels  and  a  Portuguese  ship,  and  mur- 
dered some  of  their  crew.     Soon  after  the  ship  Queda  o^  400 
tons  fell  into  his  possession,  a  part  of  the  cargo  he   sold   for 
•$40,000.  Kidd  then  sailed  for  Madagascar  and  became  a  terror 
to  his  own^countrymen,  as  dangerous  to  the  lives  of  his  fellow- 
men,  and  to  the  commerce  of  the  world.     The  news  reaching 
England,  the  King  offared  a  pardon,  by  proclamation  to  all  pi- 
rates (excepting  Capt.  Kidd)  who  would  report  themselves  be- 
fore the  30th  day  of  April  1699.     A  letter  from   England   da- 
ted Feb.  lOth,  1699,  ordered  all  pirates  taken  in  these  Colonies 
to  be  sent  to   England  for   trial,   with  the   witnesses  against 
them.     The  King  having  been  informed  that  some  pirates  re- 
turned from  the  East  Indies  had  been  secured,  or  rather  their 
effects,  which  by  the  afoi-esaid  letter  was  ordered  into  the  hands 
of  the  Governor  of  New  England  and  New  York,  with  an  ex- 
press order  to  send  home  Capt.  Kidd,  and  others  who  had  been 
seized  in  several  parts  of  the  Plantations,  for   the  purpose  of 
trying  them   in  England.     Capt.    Kidd  was    apprehended    at 
Boston,  secured  with  irons,  and  sent  homo  with  others  for  tri- 
al.    He  buried  a  chest  of  specie  upon  Gardners  Island,  which 
was  sent  for  and  taken  by  the  Governor  of  Massachusetts,  af- 
ter Kidds  arrest.     (A  Mr.  Gardner  now   occupant  of  said  Is- 
land, has  in  his  possession  a  piece  of  cloth,  (called  gold  cloth) 
which   was  left  there  by  Kidd  himself,  and  which  is  yet  in  a 
good  state  of  preservation.) 

They  were  tried  at  the  Old  Baily  for  piracy  and  murder, 
found  guilty,  and  soon  hung  at  Execution  Dock.  Tradition 
says  their  bodies  were  suspended  in  chains  near  the  bank  of  the 
River  Thames,  and  there  remained  exposed  for  years,  to  dis- 
grace  them,  and  deter  others  from  the  crime  of  piracy.  In  the 
early  settlement  of  the  Colony  of  Connecticut,  it  was  a  place 
of  resort  and  covert  for  pirates,  particularly  at  the  mouth  of 
Connecticut  River ;  so  much  so,  that  the  General  Court  of  this 
Colony  passed  several  acts  upon  the  subject,  to  apprehend  and 
punish  them.  About  the  time  that  Kidd  was  at  New  York  and 
Boston,  (tho'  his  name  is  not  mentionedjupon  the  record,)  Cul- 
liford  and  other  pirates,  the  friends  and  accomplices  of  Kidd, 
were  in  the  Atlantic,  which  probably  caused  the  aforesaid  let- 
ter to  be  transmitted  to  this  Colony.  But  the  ridiculous  idea 
that  some  have  entertained,  that  the  ill  gotten  gains  of  Kidd 
were  deposited,  in  the  Green  Mountains  of  Vermont,  or  any 


272  Letter  from  James  Vernon, 

other  part  of  the  interior  of  New  England,  which  he  procur. 
ed  at  Malabar  or  elsewhere,  is  quite  too  contemptible  to  credit. 
But  that  such  a  man  existed  and  visited  this  coast  the  aforesaid 
letter  evidently  proves,  tho'  it  has  often  been  denied — at  least 
doubted. 


A  Letter  from  the  Rt.  Hon.  James  Vernon^  one  of 
his  Majesties  principal  Secretaries  of  State,  rel- 
ative to  ships  of  force  fitted  out  in  Scotland, 

White  Hall,  2d  January,  1698,-9. 

GENTLEkEN 

His  Majesty  haveing  received  advice  from  the 
Island  of  Jamacia  that  severall  shipps  of  force, 
fitted  out  in  Scotland,  were  arrived  at  the  Island  of 
St.  Thomas,  with  an  intention  as  they  declared  to 
settle  themselves  in  some  parts  of  America,  their 
designe  being  unknown  to  his  Majesty,  least  the 
same  should  derogate  from  the  treatys  his  Majes- 
ty hath  entered  into  with  the  Crown  of  Spain,  or 
be  otherwise  prejudicial!  to  any  of  his  Majesties 
Colonies  in  the  West  Indias,  his  Majesty  com- 
mands me  to  signifie  his  pleasure  to  you,  that  you 
strictly  enjoyn  all  his  Majesties  subjects,  or  others 
inhabiting  within  the  districts  of  your  Govern- 
ment, that  they  forbear  holding  correspondence 
with,  giveing  any  assistance  to  any  of  the  said  per- 
sons, while  they  are  engaged  in  the  foresaid  enter- 
prize,  and  that  no  provisions,  arms,  ammunition  or 
necessarys  whatsoever  be  carried  to  them  from 
thence,  or  be  permitted  to  be  carryed,  either  in 
their  own  vessells,  or  any  other  shipps  or  vessels 


Lettej^  from  William  III.  273 

for  their  use.  His  Majesty  requires  that  you  do 
not  fail  herein,  but  take  perticular  care  that  the 
above  mentioned  directions  be  duly  observed,  and 
that  you  send  hither  an  account  of  your  proceed- 
insfs  in  the  execution  of  these  his  commands. 
1  am  Gentlemen,  your  most  humble  Servant, 

JA.  VERNON. 

To  the  Governour  and  Company  of  his  Majes- 
ties Colony  of  Connecticutt,  in  America. 


A  Letter  from  his  Majesty  William  3d,  command- 
ing  that  all  Pirates  seized  here  shall  he  sent  to 
England,  <^c. 

William  R. 

Trusty  and  well  beloved,  wee  greet  you  well. 
Whereas  we  have  been  informed  that  several  Py- 
rates  have  been  lately  seized  in  our  Plantations  in 
America,  and  it  being  necessary  that  due  care  be 
taken  for  brinmn!?  them,  and  all  others  that  may 
in  like  manner  be  seized  hereafter  to  condign  pun- 
ishment, wee  do  hereby  strictly  charge  and  re- 
quire you  to  send  hither  in  safe  custody,  all  Py- 
rates,  who  are  or  shall  be  seized  in  our  colony  of 
Connecticut,  under  your  Government,  at  the  time 
of  your  receiving  this  direction,  and  also  to  send 
the  witnesses  and  other  evidences  upon  which  the 
said  Pyrates  have  been  seized,  and  which  may  be 
of  any  use  towards  their  conviction  here,  that  so 
they  may  be  tryed  and  punished  according  to  law, 
and  in  the  mean  while  to  take  care  that  the  goods 


274  Letter  from  Lords  of  Council. 

and  effects  of  the  said  Pyrates  be  secured,  that 
so  they  may  hereafter  be  disposed  of  as  shall  by 
law  be  determined. 

Which  method  of  sending  P}^rates,  together 
"svith  the  evidences  produced  against  them,  and  se- 
cureing  their  effects,  you  are  upon  pain  of  our  dis- 
pleasure in  hke  manner  to  observe  from  time  to 
time,  as  a  standing  rule,  with  regard  to  all  the  oth- 
er Pyrates  that  shall  at  any  time  hereafter,  be  sei- 
zed m  our  said  colony  of  Connecticott. 

And  so  wee  bid  you   farewell — Given   at   our 
Court  at    Kingston,  the  tenth  day   of  February, 
1699,  in  the  eleventh  year  of  our  Reigne. 
By  his  Majesties  command. 

JERSEY. 

To  our  trusty  and  \vell  beloved,  the  Governour 
and  Company  of  our  Colony  of  Connecticut,  in 
America.         Connecticut. 


i".l.l    M^A-ejU 


A  Letter  from  the  Right  Honorable,  the  Lords 
Commissioners  of  the  Council  of  Trade,  rela- 
tive to  his  Majesties  order  in  Council  on  the 
Petition  of  Major  Palmes  and  the  Hallams, 

White  Hall,  April  the  S4th,  1699. 

Gentlemen  :— - 

In  pursuance  of  an  order,  made  by  his  Majesty 
in  Councill,  upon  a  representation  which  we  laid 
before  him  the  9th  of  March  last,  relative  to  the 
petitions  presented  to  his  Majesty  by  John  and 
Nicholas  Hallam,  and  by  Edward  Palmes  and 


Order  in  Council,  275 

John  Hallam,  inhabitants  of  Connecticut,  \vherein 
they  complain  of  the  obstruction  of  justice  in  that 
colony  ;  we  send  you  here  enclosed,  his  Majesties 
said  order,  and  together  therewith,  we  also  send 
you  copies  of  both  the  said  petitions,  upon  which 
our  representation  was  made ;  and  as  you  will 
thereby  fully  understand,  what  it  is  that  his  Ma- 
jesty requires  from  you,  you  are  further  to  take 
notice  that  he  expects  your  speedy  and  punctuall 
obedience  thereunto,  as  you  will  answer  the  con- 
trary. So  we  bid  you  heartily  farewell. 
Your  very  loving  friends, 

J.  BRIDGE  WATER, 
PH.  MEADOWS, 
JOHN  POLLEXFEN, 
WILIJAM  BLATHWAYT, 
ABR.  HILL. 

To  the  Honnourable  the  Governour  and  Com- 
pany of  his  Majesties  colony  of  Connecticott,  in 
America.         Connecticut. 


His  Majesties  order  in  Coimcill,  concerning  Ma- 
jor Palmes,  and  John  and  Nicholas  Hallams 
cases. 

At  the  Court  at  Kingston,      ) 
the  9th  of  March,  1698.  \ 

The  Kings  most  Excellent  Majesty  in  Council. 

LTpon  reading  this  day  at  the  Board,  a  represen- 
tation from  the  Councill  of  Trade,  in  the  words 
following  : — 


276  Order  in  CounciL 

May  it  please  your  Majesty  : — 

In  obedience  to  your  Majesties  several  orders 
in  Councill  of  the  23d  of  February  last,  wee  have 
considered  the  petitions  of  John  and  Nicholas 
Hallam,  and  of  Edward  Palmes  and  John  Hallam, 
inhabitants  of  your  Majesties  colony  of  Connecti- 
cut, thereunto  annexed,  relating  to  two  perticular 
cases,  wherein  they  complain  of  the  obstruction 
of  justice  in  the  said  colony. 

And  wee  thereupon  most  humbly  represent  to 
your  Majesty,  that  tho  the  rights  of  either  of  the 
said  cases,  do  not  appear  unto  us  by  any  sufficient 
proofs,  and  we  cannot  therefore  offer  any  opinion 
thereupon,  yett  nevertheless  we  humbly  conceive, 
that  upon  what  has  been  sett  forth  by  the  fore- 
mentioned  petitioners  about  the  denyall  or  ob- 
struction of  the  course  of  justice  in  your  Majesties 
colony  of  Connecticott,  your  Majesty  may  fitly 
require  the  Governour  and  Company  of  the  said 
colony,  to  take  care  that  no  such  obstruction  of 
the  course  of  justice  be  practiced  or  allowed 
amongst  them ;  but  that  the  respective  cases  sett 
forth  by  both  the  forementioned  petitions,  and 
any  other  cases  whatsoever,  that  may  hereafter 
happen  upon  differences  between  man  and  man, 
about  private  rights,  be  fairly  heard,  and  judged 
in  the  proper  methods  of  the  courts  established  in 
that  colony,  and  that  in  case  the  foresaid  petition- 
ers or  any  of  them,  or  any  other  persons  do 
think  themselves  aggrieved  by  the  sentance  or 
sentances  which  may  be  there  given,  they  may 
thereuppon  be  allowed  to  appeal  unto  your  Ma- 
jesty in  Councill,  and  that  the  copys  of  records 
and  other  proceedings  in  all  such  respective  cases, 
be  transmitted  hither,  in  order  to  a  finall  hearing 
and  determination  thereof,  by  your  Majesty  in 


Order  in  Council,  277 

Councill,  it  being  the  inherent  right  of  your  Ma- 
jestie  to  receive  and  determine  appeals  from  all 
your  Majesties  subjects  in  America,  which  never- 
theless is  most  humbly  submitted. 

TANKERVILLE, 
PH.  MEADOWS, 
\\  lELIAM  BLATHWAYT, 
JOHN  POLLEXFEN, 
ABR.  HILL. 
White  Hall,  March  the  9th,  1698-9, 


His  Majesty  m  Councill,  approveing  of  what  is 
proposed  by  the  Councill  of  trade  in  the  said  rep- 
resentation, is  pleased  to  order  that  the  Governor 
and  Company  of  the  colony  of  Connecticott  be 
required  to  take  care  that  no  obstruction  of  the 
course  of  justice  be  practiced  or  allowed  amongst 
them,  but4hat  the  respective  cases  mentioned  in 
the  said  representation,  and  any  other  whatsoever 
that  may  hereafter  happen  upon  differences  be- 
tween man  and  man  about  private  rights  be  fairly 
heard  and  judged  in  the  propper  methods  of  the 
courts  established  in  that  colony,  and  that  in  case 
the  petitioners  in  the  aforesaid  causes,  or  any  of 
them,  or  any  other  persons  shall  think  themselves 
ao-rieved  by  the  sentance  or  sentances,  which  may 
be  there  given,  they  may  thereupon  be  allowed  to 
appeal  to  his  Majesty  in  Councill,  and  that  copies 
of  all  records,  and  other  proceedings  in  all  such 
respective  cases  be  transmitted  hither,  in  order  to 
a  finall  hearing  and  determination  thereof,  before 
his  Majesty  in  Councill ;  and  that  in  all  such  cases 
the  Governour  and  Company  of  the  colony  of 
Connecticott  do  take  notice  that  it  is  the  inherent 
right  of  his  Majesty  to  review  and  determine 
apeals  from  all  his  Majesties  colonys  in  America, 

24 


278  Letter  from  James  Veimon. 

and  that  they  do  govern  themselves  accordingly, 
and  the  Right  Honnourable,  ye  Councill  of  trade, 
are  to  signifie  this  his  Majesties  pleasure  to  the 
Governour  and  Company  of  the  colony  of  Con- 
necticut accordingly. 

JOHN  POVEY. 


A  Letter  from  the  Rt.  Hon.  James  Vernon,  one  of 
his  Majesties  jjrincipal  Secretaries  of  State, 
relative  to  ships  of  force,  fitted  out  in  Scotland, 

White  Hall,  June  18th,  1699. 

Gentlemen  : — 

I  signified  to  you,  his  Majesties  pleasure  in  Jan- 
uary last  concerning  the  Scotts,  who  had  under- 
taken an  expedition  to  the  West  Indias,  the  place 
not  being  then  known,  in  which  they  designed  to 
settle,  and  his  Majesty  being  since  informed,  that 
they  have  taken  possession  of  the  Bay  of  Cairat, 
near  the  Bay  of  Darien,  between  Cartagena  and 
Porto  Belle,  and  are  fortifying  themselves  there, 
seeming  resolved  to  maintain  it  by  force,  against 
the  Spaniards.  His  Majesty  considering  this  at- 
tempt as  a  violation  of  the  treatys  subsisting  be- 
tween his  Majesty  and  the  Crown  of  Spain,  com- 
mands me  to  acquaint  you,  that  he  expects  his 
former  orders  should  be  strictly  observed,  a  du- 
phcate  whereof,  is  therefore  enclosed ;  I  suppose 
upon  the  receipt  of  the  first  letters,  you  have 
given  all  necessary  directions  that  no  correspond- 
ence should  be  kept  with  the  said  Scotch  colony, 
and  that  no  provisions,  amunition  or  other  assist- 


Commission  to  Henry  Ashhurst,  279 

ance  should  be  furnisht  them,  or  be  suffered  to  be 
conveyed  to  them,  from  any  part  of  your  govern- 
ment. His  Majesty  would  have  the  same  care 
continued,  so  as  the  said  orders  may  in  all  per- 
ticulars  be  fully  obeyed  and  putt  in  execution,. 
I  am  Gentlemen, 

Your  most  humble  servant, 

JA.  VERNON. 

To  the  Governour  and  Company  of  his  Majes- 
ties colony  of  Connecticut,  in  America. 


(Joinj  of  ilie  Cojamissinn  npnt  in  TTenry  Ashhurst. 

# %        We  the  Governour  and  Gener'll 

1  ^\^HE°^  \  Assembly  of  his  Majesties  colony  of 
\  COLONY.  I  Connecticut  in  New  England,  have- 
^^^^w^^^  ing  received  his  Majesties  comands 
to  make  out  our  right  unto  the  Gov- 
ernment of  the  colony  comonly  called  Narragan- 
set  Country,  included  within  ye  Charter  of  incor- 
poration, granted  to  us  by  King  Charles  the  second, 
and  bearing  date  April  23d,  in  the  14th  year  of  his 
reigne,  and  to  shew  that  the  colony  of  Rhoade 
Island  have  no  just  claime  to  the  Goverment  of 
ye  said  Narraganset  country,  by  an  agent  deputed 
for  that  end  in  our  behalfe.  Reposeing  special 
trust  and  confidence  in  you,  Sr  Henry  Ashhurst, 
Baronett,  have  nominated,  chosen,  desired,  com- 
missioned and  impowered,  and  do  hereby  fully 
and  clearly  nominate,  choose,  desire,  comission 
and  impower  you  the  aforenamed  Sr  Henry  Ash- 
hurst, Baronet,  personally  to  appear  before  our 


2S0  Commissitm  to  Henry  Ashhurst, 

Sovraigne  Lord  the  King,  or  such  others  as  under 
his  Majesty  may  take  cognisance  of  the  said 
affaire ;  and  unto  them  to  make  our  right  afore- 
said, and  to  answer  and  reply  to  all  pleas,  that 
shall  be  made  before  them,  by  any  agent  or 
agents,  for  his  Majesties  colony  of  Rhoade  Island, 
for  the  Government  of  the  said  country,  as  be- 
longing to  the  said  colony  of  Rhoad  Island  ;  and 
to  transact  whatsoever  you  have  from  us,  or 
from  the  Governour  and  Councill  of  this  his 
Majesties  colony  in  instruction  relating  to  the 
said  affaire,  or  whatever  else  shall  by  us  be,  or 
by  the  said  Governour  and  Councill,  be  commit- 
ted to  your  care,  and  you  are  farther  hereby 
impowered  to  appoint  such  other  person  or  per- 
sons in  your  stead,  as  by  you  shall  seem  reason- 
able ;  and  whatsoever  shall  be  lawfully  done  or 
acted  by  you,  or  by  any  person  or  persons  so 
appointed  by  you  in  your  stead,  in  any  of  the 
premised  matters,  we  will  accordingly  hold  for 
good.  Dated  in  Hartford,  in  New  England,  the 
15th  day  of  October,  1699,  in  the  llth  year  of 
the  reigne  of  our  Sovreigne  Lord,  William  the 
third,  King  of  England,  Scotland,  France  and 
Ireland,  &c.,  and  given  under  the  seal  of  this  his 
Majesties  colony  of  Connecticut^ 

J.  W.,  GovV. 

Signed  by  order  of  the  GenHl  Assembly. 

Eleazar  KhvYbrrly,  SecVy. 


Letter  from  Mr.  Vernon.  281 


A  Letter  from  Mr.  Secretary  Vernon^  relative  to 
Pirates  and  their  effects,    Capt.  Kidd,  SfC. 

White  Hall,  November  30th,  1699. 

Sir — His  Majesty  being  informed  that  you  have 
secured  the  effects  of  some  Pyrates  that  were  re- 
turned from  the  East  Indias,  approves  of  your  dil- 
igence in  so  doing ;  and  further  commands  me  to 
signifie  his  pleasure  to  you,  that  you  put  the  said 
effects,  (whether  they  be  in  money  or  goods)  into 
the  hands  of  the  Earle  of  Bellomont,  his  Majesties 
Governour  of  New  England  and  New  York,  to 
whom  his  Majesty  has  sent  his  orders  about  send- 
ing home  Kidd  and  other  Pyrates,  who  have  been 
seized  in  several  parts  of  the  Plantations,  in  order 
to  their  beins:  trved  here  ;  the  said  Earl  of  Bello- 
mont  being  likewise  intrusted  by  his  Majesty  to 
convey  hither  ail  the  effects  belonging  to  the  said 
Pyrates,  and  to  consigne  them  to  the  Lords  Com- 
issioners  of  his  Majesties  Treasury,  my  Lord  Bel- 
lomont has  made  a  volluntary  offer  to  transmit  his 
account  upon  oath,  of  all  the  goods  he  hath  or 
shall  receive  as  belonging  to  Pyrates  ;  and  his 
Majesty  thinks  it  fitt  that  those  to  whose  hands 
any  of  the  said  goods  are  come,  should  deliver 
their  accounts  in  the  same  manner,  not  doubting 
but  such  as  are  in  places  of  public  trust,  will  be 
ready  to  give  all  proofs  of  their  integrity. 

I  am  Sir,  vour  most  faithfull  humble  Servant, 

JA.  VERNON. 


To  the  Governour  of  his  Majesties  Colony  of 
Connecticut,  in  America. 

24* 


282  Hemy  Ashhursfs  MemmiaL 

Copy  of  a  Memorial  relating  to  the  Narraganset 
Country,  laid  before  the  Lords  of  the  Council 
of  Trade,  by  Sir  Henry  Ashhurst, 

To  THE  Right  Houn'ble 

The  Lords  Corners  of  Trade  and  Plantations, 

The  humble  memorial  of  Sr  Henry  Ashhurst, 
Baronett,  Agent  for  the  colony  of  Connecticutt  in 
New  England,  humbly  asserting  the  right  of  the 
said  colony  to  the  Government  of  the  Narrogan- 
sett  country,  ni  opposition  to  the  claime  made  by 
the  Governour  and  Company  of  Rhoad  Island. 

Though  it  may  not  be  absolutely  necessary  to- 
wards the  decission  of  this  controversy,  to  trouble 
your  Lordships  with  tracing  back  to  the  origenall 
of  that  undoubted  right,  the  Crown  of  England 
hath  to  the  Government  of  the  said  country  of 
Narrogansett ;  we  humbly  crave  leave  to  pre- 
mise, that  the  natives  and  inhabitants  of  that  coun- 
try (before  they  received  any  particular  scheme  or 
form  of  Government  from  the  Crown  of  England) 
made  their  application  to  the  said  colony  of  Con- 
necticutt, desireing  they  would  represent  to  his 
sacred  Majesty  King  Charles  the  Second,  the 
unanimous  consent  and  desire  of  the  Narrogan- 
setts  to  be  under  the  jurisdiction  of  his  Majestys 
colony  of  Connecticutt,  which  was  accordingly 
don,  and  his  Majesty  was  graciously  pleased  by 
his  Charter,  bearing  date  the  23d  day  of  Aprill,  in 
the  fourteenth  year  of  his  Reigne,  being  the  year 
of  our  Lord  1662,  to  grant  to  the  Governour  and 
Company  of  his  Majesties  colony  of  Connecti- 
cutt aforesaid,  and  their  successors,  all  that  part 
of  his  Dominions  in  America,  bounded  on  the  East 
by  Narrogansett  River,  alias  Narrogansett  Bay, 


Henry  AshhursVs  Memorial,  283 

where  the  said  River  falleth  into  the  sea,  and  on 
the  North  by  the  Massachusetts  Plantation,  and 
on  the  South  by  the  sea,  in  Longitude  as  the  line 
of  the  Massachusetts  colony,  running  from  East 
to  West,  (that  is  to  say)  from  the  said  Narrogan- 
sett  Bay  on  the  East,  to  the  South  sea  on  the 
West,  with  the  Islands  thereunto  belonging  and 
adjoining,  together  with  all  firm  lands,  soyle, 
grounds,  havens,  jurisdictions  and  priviledges  there- 
unto belonging,  as  in  and  by  the  said  Charter  ready 
to  be  produced  to  your  Lordships  will  more  fully 
appear,  to  have  and  to  hold  unto  the  said  G^overn- 
our  and  Company  and  their  successors  forever,  in 
free  and  comon  soccage  as  of  his  manor  of  East 
Greenwich,  yealding  and  paying  one  fifth  part  of 
all  the  oar  of  gold  and  silver,  which  should  from 
time  to  time  be  there  dugg  and  gotten,  as  may  al- 
so by  the  said  Charter  more  fully  and  at  large  ap- 
pear. 

In  pursuance  of  this  gracious  Charter,  the  Gen- 
erall  Assembly  of  Connecticutt  did  make  severall 
orders  in  the  year  16G3  and  1664,  and  severall 
officers  for  settling  the  Government  of  the  said 
country  of  Narragansett,  on  which  foundation  the 
inhabitants  thought  themselves  very  happily  set- 
tled, till  some  time  after  their  quiett  was  disturbed 
by  the  plantation  of  Rhoad  Island,  who  as  they 
alledged  had  obtained  a  pattent  from  his  said  Ma- 
jestic King  Charles  the  Second,  in  the  year  1663, 
in  which  the  Government  of  the  said  country  of 
Narrogansett,  as  they  alledged  was  comprehended, 
and  that  the  colony  of  Connecticut  had  no  right 
to  the  said  Government,  which  claime  of  the 
Rhoad  Island  tis  humbly  hoped  will  appear  to 
your  Lordships  groundless  and  not  justifiable,  up- 
on those  following  accounts. 

1st.    They  must  either  affirme  that  the  bounds 


284  Henry  Ashhursfs  Memorial. 

of  the  country  of  Narragansett  are  not  truly  de- 
scribed in  our  Pattent,  or  secondly,  that  their  ob- 
taining a  subsequent  Pattent  is  a  revocation  of 
ours  which  was  preceedent.  As  to  the  first  of 
these,  tis  humbly  offered  to  your  Lordshipps,  that 
in  regard  of  the  distance  of  the  place,  your  Lord- 
ships would  admitt  of  examinations  taken  from 
antient  natives  of  the  Pequott  and  Narragansett 
country,  ready  to  be  produced  to  your  Lordships, 
which  agree  with  the  bounds  described  in  our  said 
Charter.  And  for  a  further  confirmation  of  this 
we  beg  leave  to  offer  to  your  Lordships,  the  pro- 
ceedings upon  a  commission  under  the  Royall 
Signett,  the  seventh  of  Aprill  in  the  thirty-fifth 
year  of  his  said  late  Majesty  King  Charles  the 
Second,  a  true  copy  of  the  return  of  the  proceed- 
ings, under  the  commissioners  hands,  being  like- 
wise ready  to  be  produced  to  your  Lordshipps,  by 
which  it  doth  appear  that  in  obedience  to  the  same 
comission,  they  the  said  commissioners  had  enqui- 
red into  the  bounds  of  the  said  country  of  Narro- 
gansett,  and  to  whom  the  right  of  Government 
did  appertain,  in  order  to  make  a  true  and  certain 
report  thereof  to  his  Majestic,  and  did  according- 
ly certifie  under  their  hands,  that  the  bounds  of 
Narrogansett  were  agreeable  to  the  Pattent  or 
Charter  of  Connecticutt,  and  that  they  apprehend 
upon  due  enquiry  and  examination  had,  that  the 
Government  did  of  right  belong  to  the  colony  of 
Connecticutt. 

2dly.  If  the  said  country  and  the  bounds  of  it 
be  rightly  described  in  our  Charter,  w^ee  beg  leave 
to  aflirme,  that  the  subsequent  Charter,  granted  to 
Khoad  Island,  of  any  jurisdiction  in  the  Narrogan- 
sett country  is  so  farr  from  repealing  or  disannull- 
ing the  former  Charter  granted  to  uss,  that  tis  in 
itself  void  and  of  no  effect  as  to  this  particular,  for 


Henry  Ashhurst^s  Memorial.  285 

had  his  Majesty  granted  to  any  of  his  subjects  of 
England, a  certain  mannor,or  lands  in  this  Kingdom 
of  England  to  hold  to  the  granted  and  his  heyrs  ; 
and  after  granted  the  same  mannor  another  and 
his  heirs,  the  second  grant  is  void ;  because  the 
King  is  by  construction  of  law,  supposed  to  be  de- 
ceived in  his  grant,  haveing  at  the  time  of  the  sec- 
ond grant  no  estate  in  him,  and  by  consequence 
nothing  that  can  be  transferred  over  to  the  second 
granted.  And  tis  humbly  hoped  your  Lordshipps 
will  make  the  same  construction  of  the  Kings 
grant  in  this  case,  that  the  Judges  of  common  law 
would  do  in  a  grant  of  lands  within  this  King- 
dom. 

Wee  further  beg  leave  to  remind  your  Lord- 
ships of  the  order  of  May  1695,  by  which  your 
Lordehipe  were  plpasfid  to  refcrr  the  matter  of 
law  in  the  case  now  in  question,  to  Sir  Thomas 
Trevor,  his  Majesties  Attorney  Generall,  by  whose 
report  ready  to  be  produced  by  your  Lordshipps, 
he  was  pleased  to  signify  his  opinion,  that  the 
Government  of  Narragansett  doth  of  right  belong 
to  Connecticutt,  and  not  to  Rhoad  Island.  If  it 
be  further  objected,  that  the  bounds  and  limits  of 
Connecticuts  jurisdiction,  was  settled  between  Mr. 
Winthrop  and  Mr.  Clark,  agents  for  the  severall 
colonys  of  Connecticutt  and  Rhoade  Island,  to 
this  wee  answer  that  tho  it  were  granted,  that  a 
collatterall  agreement  between  two  agents  could 
not  enlarge  or  diminish  the  grant  of  the  King.  Yett 
Winthrops  agency  after  haveing  obtained  and  sent 
over  the  Charter,  was  fully  determined.  And 
this  supposed  agreement  was  after  that  time,  and 
meerly  his  own  act,  without  any  instructions  or 
authority  given  him  from  the  colony  of  Connecti- 
cutt. So  that  we  humbly  hope  your  Lordships 
will  not  think  this  objection  worthy  of  any  further 


286  Henry  AshhursCs  Memorial. 

answer.  And  lastly  that  your  Lordshipps  will 
take  such  order  as  to  your  discretion  shall  seem 
meet  that  a  line  may  be  runn,  particularly  descri- 
bing and  setting  out  their  bounds  of  jurisdiction  to 
the  country  of  Narragansett,  according  to  the  lim- 
itations of  their  said  Charter. 

All  which  is  most  humbly   submitted  to  your 
Lordshipps  great  wisdome  by 

HENRY  ASHHURST. 


Copy  of  a  Memorial  presented  to  the  Lords  Com- 
missioners  of  Trade  and  Plantations,  relative 

to  the  appeals  of  Major    Palmos   and    the  Hrxl- 

lanHs  by  Sir  Henry  Ashhurst,  Agent  of  the  CoU 
ony  of  Connecticut, 

To  THE  Right  Honnourable — 

The  Lords  Comers  of  Trade  and  Plantations. 

The  humble  memorial  of  Sir  Henry  Ashhurst, 
Barronett,  Agent  for  the  colony  of  Connecticutt  in 
New  England,  relating  to  severall  appeals  brought 
by  Major  Edward  Palmes,  and  John  Hallam  and 
Nicholas  Hallam. 

That  the  colony  of  Connecticutt  have  a  full  and 
ample  power  of  hearing,  determining  and  bring- 
ing to  a  finall  issue,  all  causes  and  controversies 
that  shall  or  may  arise  within  that  colony,  we 
humbly  hope  will  fully  and  plainly  appear  to  your 
Lordships  upon  view  of  their  Charter,  which  his 
late  Majesty  King  Charles  the  Second  was  gra- 
ciously pleased  to  grant  unto  the  said  colony,  by 
which  his  said  late  Majesty  was  pleased  to  appoint 


Henry  AshhursVs  Memorial.  28T 

a  Governour  and  twelve  assistants,  with  such  oth- 
er freemen  of  their  body  corporate  as  should  by 
them  be  elected,  to  be  the  General  Assembly  or 
Supreme  Court  of  Judicature  within  the  said  col- 
ony. And  that  the  said  General  Assembly  should 
further  constitute  and  erect  such  other  inferiour 
Jurisdictions,  or  Courts  of  Judicature,  and  also 
make  and  ordain  such  stattutes,  laws  and  ordinan- 
ces as  to  them  should  seem  meet,  for  the  better 
ordering  and  governing  the  said  colony,  and  ad- 
ministering of  equall  and  impartiall  justice  to  ev- 
ery inhabitant  thereof.  In  obedience  to  the  direc- 
tion and  appointment  of  the  said  Charter,  the 
Generall  Assembly  did  constitute  and  erect  seve- 
ral inferiour  courts,  and  in  particular  one  at  New 
London,  for  the  try  all  of  all  matters  of  right  be- 
tween party  and  party,  and  to  the  end  that  no  per- 
son should  be  without  remedy,  who  might  think 
himself  agrieved  by  the  proceedings  in  such  infe- 
riour court,  they  did  further  ordain,  that  upon  com- 
plaint of  any  person  in  such  a  case  to  the  General 
Assembly,  the  cause  should  be  again  heard  there 
and  finally  determined. 

This  form  and  method  of  justice,  as  tis  the  most 
speedy  andeHectuall,  and  most  for  the  benefitt  (if 
not  absolutely  necessary  to  the  subsistance)  of  the 
said  colony,  so  we  humbly  hope  your  Lordshipps 
will  allow  it  to  be  reasonable  and  lawfull  and  no 
ways  injurious  to  the  prerogative  Royal  of  this 
Realm,  tho  it  seems  to  exclude  any  appeal  (prop- 
erly so  called)  to  this  Kingdom,  and  that  for  these 
reasons,  which  are  humbly  submitted  to  your  Lord- 
shipps. 

First,  the  distance  of  the  place  seems  to  make 
it  in  some  measure  necessarv  that  all  causes  be 
finally  determined  there,  for  should  the  comon 
course  of  justice  be  by  way  of  appeal  to  this  King- 


288  Henry  Ashhursfs  Memorial, 

dome,  the  expence  must  inevitably  be  great,  what- 
ever the  vallue  of  the  cause  may  be,  or  the  cir- 
cumstances of  the  party,  who  prossecutes  or  de- 
fends it,  and  the  event  must  be,  that  the  poor  will 
be  hereby  oppressed,  be  his  cause  never  so  just, 
besides  the  hazarding  deeds  and  evidences,  as  well 
as  the  lives  of  witnesses  upon  the  seas,  where 
their  evidence  viva  voce  is  requisite,  is  an  inconve- 
nience which  by  the  present  establishment  of  jus- 
tice there,  will  be  prevented.  Your  Lordships  in 
your  great  wisdom,  cannot  but  be  sensible  that  tis 
none  of  the  least  of  those  great  and  many  privi- 
ledges,  on  which  we  so  justly  vallue  our  English 
Constitution,  that  we  have  justice  administered  at 
our  very  doors,  and  this  must  needs  be,  as  we  see 
by  the  happy  effect,  that  it  is  a  very  great  encour- 
agement to  rich  and  wealthy  traders  in  all  our 
neighbouring  countrys  to  transplant  their  families 
and  treasures  into  this  Kingdom,  where  the  ac- 
quirements of  their  industry  may  b^  effectually 
secured  to  themselves  and  their  posterity,  without 
the  inconvenience  of  being  drawn  to  a  remoate 
and  forreign  jurisdiction  to  defend  their  property 
from  the  unjust  claims  of  a  litigious  adversary. — 
And  if  this  priviledge  be  so  dear  to  us  in  this  King- 
dom, tis  humbly  hoped  the  colony  of  Connecticutt 
will  have  your  Lordshipps  favour  in  insisting  on  it 
for  themselves,  for  the  reasons  abovementioned, 
especially  since  there  appears  no  president  of  any 
appeal  of  this  natiu'e  from  the  said  colony  from 
the  time  of  their  incorporation  to  this  day,  and 
considering, 

2.  Secondly,  that  this  is  agreeable  to  their  said 
gracious  Charter,  that  they  should  have  power  ful- 
ly to  determine  all  causes,  without  the  delay, 
trouble  and  expence  of  appeals  elsewhere,  for  by 
this  they    are   expressly   impowered  to  make  all 


Henry  Ashhurs^s  Memorial,  289 

kws,  statutes  and  ordinances  which  shall  be 
thought  necessary  for  the  good  government  of  the 
colony,  and  if  so  ample  a  Legislative  power  be 
vested  in  them,  sure  the  executive  power  to  putt 
these  laws  in  execution  must  follow  of  course. — 
But  to  clear  all  doubts  tis  expressly  named  in  their 
Charter,  with  a  strict  injunction  to  all  the  inhabi- 
tants to  be  subject,  and  to  the  said  laws,  and  who- 
soever disobeys  those  laws  by  seeking  relief  else- 
where, when  they  may  by  them  in  a  regular  course 
have  free  and  impartial  justice,  must  be  guilty  of  a 
great  contempt  to  this  his  Majesties  injunction  so 
expressly  sett  forth  in  his  said  Charter. 

3.  Thirdly,  this  priviledge  of  fully  determining 
all  causes  within  the  said  colony,  without  any  ap- 
peal elsewhere,  is  not  inconsistent  with,  or  repug- 
nant to  the  laws  and  statutes  of  this  Realm  ;  wee 
have  many  inferiour  courts  and  jurisdictions  in 
this  Kingdom,  whose  sentances  in  things  apper- 
taining to  their  connusance,  the  sentance  of  the 
General  Quarter  Sessions  of  peace,  upon  an  ap- 
peal from  the  order  of  two  justices  as  to  the  set- 
tlement of  poor,  is  finall  and  conclusive,  and  this 
for  the  quiett,  as  well  as  for  the  convenience  of  the 
people,  that  they  may  have  finall  justice  in  their 
respective  counties.  Nay  one  single  Justice  of 
the  Peace  in  severall  matters  relating  to  the  Kings 
Revenue  of  Excise,  gives  a  finall  and  decisive 
judgment,  from  which  there  is  no  appeal,  and  ma- 
ny other  inferiour  jurisdictions  too  tedious  to  lay 
before  your  Lordships,  have  such  a  power  upon 
necessary  and  weighty  reasons,  which  in  the  re- 
spective cases  are  very  obvious. 

But  here  perhaps  it  may  be  necessary  to  obvi- 
ate one  objection,  which  at  the  first  sight  rnay  seem 
to  have  som  weight  in  it,  vizt.  Objection,  if  no  ap- 
peals be   allowed  from  the  General  Assembly  of 
25 


290  Henry  Ashhursfs  Memorial, 

the  colony  of  Connecticutt,  this  will  make  them 
absolutely  independent  on  the  Crown  of  England, 
Resp.  To  this  we  answer,  that  such  a  consequence 
is  by  no  means  necessary,  for  the  true  and  proper 
signification  of  an  appeal  in  this  case  is  a  form  of 
judiciall  proceeding,  by  which  a  suit  or  controver- 
sie  is  removed  in  a  judiciall  way,  from  one  inferi- 
our  jurisdiction  to  a  superiour;  now  altho  no  such 
appeal  were  allowed  to  remove  any  proceedings 
from  the  General  Assembly  of  Connecticutt  to  ju- 
risdiction here  in  England,  yett  the  prerogative  of 
the  Crown  of  England  would  be  no  way  injured 
hereby,  for  should  there  ever  happen  to  be  a  to- 
tall  corruption  of  the  said  Generall  Assembly,  so 
that  the  inhabitants  of  the  colony  could  not  have 
free  and  impartiall  justice  there  (which  is  a  thing 
scarce  possible  to  be  supposed)  and  that  this 
should  be  made  plainly  to  appear  to  his  Majestic  : 
This  w^ould  be  a  direct  and  positive  forfeiture  of 
their  Charter,  and  of  the  Royall  franchise  thereby 
granted  to  them  ;  so  that  the  colony  would  be 
thereby  disfranchised  and  again  seized  into  the 
Kings  hands,  this  much  we  humbly  submitt  to 
your  Lordshipps  as  an  answer  to  the  abovemen- 
tioned  objection,  and  as  to  appeals  in  generall. 

As  to  the  particular  complaints  of  Major  Ed- 
ward Palmes,  John  Hallam  and  Nicholas  Hallam, 
the  first  of  these  complaints  had  an  hearing  at  the 
court  of  New  London,  and  if  any  injustice  had 
been  there  don  him,  the  Generall  Assembly  were 
ready  to  have  relieved  him  according  to  the  set- 
tled laws  of  their  colony.  But  in  contempt  of 
their  jurisdiction,  he  positively  refused  to  sett  forth 
his  grievance  before  them  in  order  to  be  relieved, 
and  since  he  has  contemned  the  ordinary  regular 
course  of  justice  'tis  humbly  hoped  your  Lord- 
ships will  not  permitt  him  to  proceed  in  such  an 


Henry  Ashhurst^s  Memorial,  291 

extraordinary  and  extrajudicial!  way,  especially 
since  it  directly  strikes  at  the  fundamental!  privi- 
iedges  of  the  colony. 

As  to  the  other  complaints,  they  have  not  so 
much  as  begun  or  commenced  any  suit  or  claim  in 
any  of  the  courts  of  the  colony,  butt  would  carry 
the  matter  still  further,  to  have  not  only  appeals, 
but  even  originall  jurisdiction  here  in  England,  for 
which  we  humbly  hope  your  Lordships  will  se  no 
grounds,  but  rather  by  this  in  your  great  wisdom 
will  perceive  how  dangerous  it  is  to  break  into  the 
furtherest  bounds  of  the  priviledges  of  any  State 
or  colony,  and  perticularly  in  the  case  now  before 
your  Lordshipps,  since  it  may  be  a  means  to  intro- 
duce further  inconveniencies,  and  in  fine  a  total! 
subversion  of  the  siaid  colony. 

All  which  is  most  humbly  submitted  to  your 
Lordships  great  wisdom,  by 

H.  ASHHURST. 

Note. — Although  no  date  appears  to  the  foregojng  memo- 
rial, various  circumstances  evince  that  it  must  have  been  in 
1700.  A  number  of  persons,  among-  whom  were  Edward 
J^ahnes  and  the  Hallams,  had  conceived  the  idea  of  obtain- 
ing a  large  tract  of  land,  comprising  the  whole  of  the  town 
of  Colchester,  with  parts  of  other  towns  adjoining.  It  ap- 
pears from  the  Colony*  records,  that  Uncas,  (Sachem  of  the 
Mohegan  Indians)  in  1659,  had  ceded  this  tract  of  country 
to  Major  Mason,  who  acted  in  the  capacity  of  Agent  of  Con- 
necticut :  Mason,  after  this  treaty  with  Uncas,  surrendered 
the  ceded  territory  to  the  Colony.  Some  of  his  decendants 
in  connection  with  Palmes,  the  Hallams  and  others,  claiming 
the  transaction  between  Mason  and  the  Colony  as  illegal, 
concluded  they  should  be  able  to  recover  the  whole  of  the 
disputed  territory  ;  but  upon  trial  of  the  case  at  New  Lon- 
don, a  decision  was  given  in  favor  of  the  Colony  ;  upon 
which  the  claimants  appealed  to  England  for  redress  of  grie- 
vances, with  but  little  success,  as  the  judgments  of  the 
Courts  in  Connecticut,  were  there  confirmed. 


292  Letter  from  Lords  of  Council. 

A  Letter  f^om  the  Right  Honorable,  the  Lords  of 
the  Council  of  Trade,  relating  to  appeals  to  the 
King  and  Council. 

White  Hall,  May  27th,  1700. 
Gentlemen — 

Wee  are  not  a  little  surprized,  that  wee  have  re- 
ceived no  answ^er  from  you  to  our  letter  of  the 
24th  Aprill  1699,  w^herein  we  sent  you  his  Majes- 
ties order  in  councill  of  the  9th  of  March  forego- 
ing, relating  not  only  to  the  particular  cases  there- 
in mentioned,  but  also  to  the  general  cases  of  jus- 
tice in  the  colony  of  Connecticot,  and  to  appeals 
from  thence  to  his  Majesty  in  councill,  which  let- 
ter we  are  well  informed  was  delivered  to  Colo- 
nel Winthrop,  Governoiir  of  that  colony,  the  24th 
of  Juljrlast. 

And  whereas  this  long  delay  of  yours  to  answer 
our  said  letter  gives  us  just  reason  to  doubt  of  your 
haveing  rendered  that  speedy  and  punctual  obedi- 
ence to  his  Majesties  order,  w^h  we  writt  you  was 
expected  from  you  by  his  Majesty  as  you  would 
answer  the  contrary ;  and  is  at  least  a  neglect  of 
your  duty  to  inform  us  of  your  proceedings  in  a 
thing  which  we  so  expressly  recommended  to 
you ;  we  do  therefore  hereby  once  more  give  you 
to  understand  that  we  wait  with  impatience  for  an 
account  of  that  obedience,  which  his  Majesty  has 
required  from  you  in  so  necessary  a  matter,  that 
we  may  accordingly  lay  your  answer  before  his 


Letter  from  Sec^y  Vernon,  <^c.  293 

Majesty  for  his  further  pleasure  thereupon.     So 

we  bid  you  heartily  farewell. 

Your  very  loving  friends, 

STAMFORD, 
LEXINGTON, 
PH.  MEADOWS. 
JOHN  POLLEXFEN, 
ABR.  HILL, 
GEO.  STEPNEY, 
JOHN  LOCKE. 

For  his  Majesties  especial  service.     ' 
For  the  Honnourable  the  Governour  and  Com- 
pany of  his  Majesties  colony  of  Connecticut,  in 
New  England,  in  America. 

Connecticut. 


A  Letter  from  the  Rt.  Hon,  Mr,  Secretary  Vernon, 
with  a  certificate  from  the  Mayor  of  Plymouth, 
concerning  John  Burley  and  Thos,  Williams^ 
who  were  taken  by  a  Pirate,  (^c. 

White  Hall,  Oct.  13th,  1700. 
Gentlemen  : — 

You  will  see  by  the  enclosed  ^copy  of  a  certifi- 
cate, under  the  hand  of  the  Mayor,  and  seal  of  the 
corporation  of  Plymouth,  that  Thomas  Burley, 
mate,  and  John  Williams,  carpenter  of  the  shipp 
Orange,  of  Topsham,  were  taken  out  of  her  by  a 
Pyrate  ship  called  the  Morning  Starr,  and  for 
their  usefullness  forceably  detained  by  them ;  if 
therefore  this  shipp  of  Pyrates,  or  the  said  two 
25* 


294  Letter  from  Sec^y  Vernon,  ^. 

persons  should  happen  to  be  taken,  and  brought 
into  your  Government,  the  Lords  Justices  are 
pleased  to  direct,  that  they  be  not  proceeded 
against  as  guilty  of  Pyracy,  but  sent  into  England 
with  the  first  oppertunity. 
I  am  Gentlemen, 

Your  most  humble  servant, 

JA.  VERNON. 

To  the  Governour  and  company  of  his  Majes- 
ties colony  of  Connecticut,  in  America. 


To  all  Christian  people  to  whom  these  presents 
of  true  testimonial  shall  come,  I  Richard  Opie, 
merchant,  Mayor  of  the  Bourrough  of  Plymouth, 
in  the  county  of  Devon,  send  greeting : — Know 
yee,  that  I  the  said  Mayor  doe  hereby  certifie  and 
make  known,  that  on  the  day  of  the  date  hereof, 
came  and  personally  appeared  before  me,  Thomas 
Burley,  Senior,  of  Plymouth,  aforesaid,  marriner, 
a  person  very  well  known  to  me  of  good  repu- 
tation, credit  and  honesty,  who  hath  been  com- 
ander  and  taken  charge  of  several  considerable 
merchant  shipps,  belonging  to  this  town  of  Plym- 
outh, and  is  the  natural  and  legitimate  father  of 
Thomas  Burley,  Junior,  of  Plymouth,  aforesaid, 
marriner,  aged  twenty  three  years,  or  thereabouts, 
and  did  voluntarily  depose  before  me,  the  said 
Mayor,  on  the  Holy  Evangelist,  in  manner  fol- 
lowing :  That  is  to  say,  that  his  sonn  Thomas 
Burley,  on  or  about  the  thirtieth  day  of  May  last 
past,  before  the  date  hereof,  (as  he  hath  been 
credibly  informed,)  sailed  out  of  the  Port  of  Top- 
sham  in  the  said  county  of  Devon,  mate  of  the 
ship  Orange,  belonging  to  Topsham,  aforesaid, 
one  John  Hockaday,  comander,  of  ten  gunns,  and 


Letter  from  SeoUj  Vernon^  <^c,  295 

about  sixteen  men,  bound  for  Newfoundland,  but 
on  or  about  the  fifteenth  day  of  July  next  follow- 
ing, in  the  lattitude  of  forty  four  degrees  and 
thirty  one  minutes,  distant  from  Lundy  about  three 
hundred  and  eighty  leagues,  was  unfortunately 
met  with  by  a  Pyrate  (shipp)  called  the  Morning 
Starr,  of  twenty  four  gunns  and  an  hundred  men, 
but  of  what  nation  or  country  this  deponent 
know^eth  not,  which  shipp,  the  Orange,  being 
boarded  by  some  of  those  belonging  to  the  said 
Pyrate,  the  said  Thomas  Burley,  the  sonn,  was  by 
them  forceably  taken  out  of  the  said  ship  the 
Orange,  with  one  John  Williams,  carpenter  of  her, 
and  both  of  them  made  Prisoners  and  captives 
aboard  the  said  Pyrate,  the  Morning  Starr,  the 
captain  or  chief  commander  thereof  his  name  was 
then  unknown  to  the  .said  Thomas  Burley,  the 
sonn,  as  he  gave  the  deponant  an  account  of,  by 
letter  dated  at  sea  the  fifteenth  day  of  July,  1700, 
from  on  board  the  Morning  Starr  in  the  lattitude 
of  forty  four  degrees  and  thirty  one  minutes,  be- 
wailing his  misfortune,  being  so  taken,  (and  there- 
fore to  be  pittied)  and  the  said  deponent  doth  fur- 
ther depose,  that  the  said  Thomas  Burley,  Junior, 
is  the  eldest  sonn  of  the  said  Thomas  Burley, 
Senior,  and  hath  been  his  mate  several  voyages 
to  the  Newfoundland,  and  the  streights,  and  that 
his  said  sonn  is  a  lusty  slender  young  man,  of  a 
fresh  rudy  complexion,  he  hath  short  curled  flaxen 
hair,  round  favoured,  and  hath  dark  brisk  eyes. 
In  testimony  whereof,  I  the  Mayor  have  hereunto 
not  only  subscribed  my  name,  and  caused  the 
accustomed  seal  of  office  of  Mayorality,  used 
within  the  said  Burrough  to  be  hereunto  affixed, 
but  the  said  deponent  hath  hereunto  likewise 
subscribed  his  name,  the  sixth  day  of  September, 


296  Order  in  Council. 

in  the  twelfth  year  of  the  reigne  of  our  Sovreigne 
Lord,  King  William  the  third,  over  England,  &c. 
Annoq  Dom.  1700. 

RICHARD  OPIE,        f ^"1 

Mayor.   \   seal.   \ 
Thomas  Burley.  ^ — # 

Wee  who  have  hereunto  subscribed  our  names, 
do  believe  all  the  contents  of  the  above  written 
attestation  to  be  true,  as  to  the  substance  thereof, 
and  do  reccomend  the  same  to  every  one,  whom 
it  doth  or  may  concern,  in  favour  of  the  said 
Thomas  Burley,  both  senior  and  junior. 

H.  TRELAWNEY, 
HEN.  HOOKER, 
JOHN  TRELAWNEY, 
JOHN  PAIGE, 
THOMAS  SWANTON, 
JAMES  YOUNGE, 
T.  HOLMES. 


Att  the  Court  at  Kensington,  ) 

the  5th  day  of  December,  1 700.    ] 

Present. 

The  Kings  most  Excellent  Majesty  in  Council. 

Upon  reading  this  day  at  the  Board,  the  petition 
of  John  Hallam  and  Nicholas  Hallam,  Executors 
of  the  last  will  and  testament  of  Olive  Liven, 
deceased,  complaining  of  the  Governour  and 
Company  of  the  colony  of  Connecticut,  in  New 
England,  for  refusing  to  admitt  the  petitioners  to 


Letter  from  William  III,  207 

appeal  from  a  sentance  in  a  court  of  assistants, 
held  at  Hartford  in  the  said  colony  in  May  last, 
contrary  to  an  order  from  this  board  :  it  is  ordered 
by  his  Majesty  in  Councill,  that  it  be,  as  it  is 
hereby  reffered  to  the  Lords  Comissioners  of  trade 
and  plantations,  to  examine  the  matter  of  the  said 
petition  and  complaint,  a  copy  whereof  is  here- 
unto annexed,  and  to  report  to  this  board,  what 
they  conceive  fitt  his  Majesty  to  do  therein. 


A  Letter  from  his  Majesty  William  Scl,  conceit" 

ing  the  contrihution  of  money  for  erecting  forts 

for  the  defence  of  the  province  of  New   York, 

also  to  the  quota  of  men  to  he  furnished  for  the 

same. 

William  R. 

Trusty  and  well  beloved,  wee  greet  you  well : 
Whereas  it  is  requisite  that  the  general  security 
of  our  plantations  upon  the  Continent  of  America, 
be  provided  for  by  a  contribution,  in  proportion 
to  the  respective  abilities  of  such  plantation  ;  and 
whereas  the  northern  frontiers  of  our  province  of 
New  York,  being  the  most  exposed  to  our  enemy, 
do  require  an  extraordinary  charge  for  the  erect- 
ing and  maintaining  of  forts,  necessary  for  the 
defence  thereof,  towards  which  we  have  lately 
been  graciously  pleased  to  give  the  sum  of  2500  lb. 
sterling,  and  have  also  directed  that  our  said 
province  of  New  York  should  exert  the  utmost  of 
their  power  in  providing  for  those  and  the  like 
occasion.    But  it  being  yett  further  needfull  that 


298  Letter  from  William  III. 

our  other  plantations  and  colonys  on  the  Conti- 
nent, do  also  contribute  to  so  great  a  work, 
wherein  their  own  security  is  so  much  concerned  : 
Wee  do  hereby  signifie  you,  that  the  sum  which 
we  have  at  present  thought  fitt  to  be  contributed 
by  our  colony  of  Connecticott,  in  proportion  to 
what  w^e  do  now  in  like  manner  direct  to  be 
supplied  by  our  other  plantations  towards  the 
fortifications  on  the  frontiers  of  New  York,  is 
450  lb.  sterling,  and  we  do  accordingly  recom- 
end  to  you,  that  the  said  sum  of  450  lb.  sterling, 
be  furnished  by  our  colony  of  Connecticut,  for  the 
use  aforesaid,  to  such  person  or  persons  as  the 
Earl  of  Bellomont,  or  the  commander  in  chief  of 
our  province  of  New  York  for  the  time  being, 
shall  appoint  to  receive  the  same.  And  in  case 
the  frontier  of  our  said  province  of  New  York  be 
at  any  time  invaded  by  an  enemy ;  you  are  also 
upon  the  application  of  the  said  Earl,  or  the  com- 
ander  in  chief  of  the  said  province,  for  the  time 
being,  immediately  to  furnish  a  quota  of  men  (or 
money  in  lieu  thereof,)  from  our  colony  of  Con- 
necticut, according  to  the  repartition  herewith 
sent  you.  And  you  are  further  to  take  notice, 
that  according  to  your  behaviour  in  this  occasion, 
you  will  recommend  yourselves  to  our  Royal  1 
Grace  and  favour.  And  so  wee  bid  you  farewell. 
Given  at  our  court,  Hampton  court,  the  19th 
day  of  January,  1700-1,  in  the  twelfth  year  of  our 
reigne. 

•By  his  Majesties  command, 

JA.  VERNON. 

To  our  trusty  and  well  beloved,  the  Governour 
and  Company  of  our  Colony  of  Connecticut,  in 
America.        Connecticut. 


An  Act  disannulling  Charters,  <^c,       299 


The  Quota  of  Men  to  be  furnished  hy  his  Majes- 
ties respective  Plantations  on  the  continent  of 
America,  towar'ds  the  defence  of  the  Frontiers 
of  New  Yo7%  in  case  they  be  invaded  by  an  ene- 
my. 

Men. 
Massachusets  Bay,  350 

New-Hampshire,  40 

Rhode  Island  and  Providence  Plantation,   48 
Connecticut,  120 

New  York,  200 

East  New  Jersey,         -  ^         69 

West  New  Jersey,  69 

Pensylvania,  S9 

Maryland,  169 

Virginia,  249 

1358 


Copy  of  an  Act  for  re-uniting  to  the  Crown,  the 
Government  of  several  of  the  Colonies  and  plan- 
tations in  America. 

Whereas  by  vertue  of  severall  charters  and  let- 
ters patients  under  the  great  seal  of  England, 
passed  and  granted  by  severall  of  his  Majesties 
Royall  predecessors,  as  also  by  his  present  Majes- 
tic, and  the  late  Queen  Mary  of  blessed  memory  ; 
the  severall  colonies,  provinces  and  plantations  of 
the  Massachusetts  Bay,  New  Hampshire,  Rhoad 


300       An  Act  disannulling  Charters,  ^c. 

Island  and  Providence  plantations,  Connecticutt  in 
New  England,  East  and  West  New  Jersey,  Pen- 
silvania  and  the  adjacent  territories,  Maryland,  Car- 
ralino  and  the  Bahama  or  Lucay  Islands,  in  Amer- 
ica, have  been  granted  unto  severall  persons,  to- 
gether with  the  absolute  government  and  authori- 
ty over  his  Majesties  subjects,  in  those  places, 
whereby  the  grantees  were  not  only  made  pro- 
prietors of  the  soyle  and  lands  comprehended 
within  the  said  places,  &c.  but  also  Lords  and 
Governours  thereof,  with  full  power  of  exercising 
Royall  Government  and  other  jurisdictions  over 
the  inhabitants  thereof  And  whereas  the  sever- 
ing of  such  power  and  authority  from  the  Crown, 
and  placeing  the  same  in  the  hands  of  subjects, 
hath  by  experience  been  found  prejudicial!  and  re- 
pugnant to  the  trade  of  this  Kingdome,  and  to  the 
wellfare  of  his  Majesties  plantations  in  America, 
and  to  his  Majesties  Revennue,  arising  from  the 
customes,  by  reason  of  the  many  irregularities 
committed  by  the  Governours  of  those  plantations, 
and  by  those  in  authority  there  under  them,  by  in- 
couraging  and  countenancing  Pyrates  and  unlaw- 
ful! traders  and  otherwise. 

Be  it  therefore  enacted  bv  the  Kings  most  Ex- 
cellent  Majesty,  by  and  with  the  consent  of  the 
Lords  spirituall  and  temporall,  and  commons  in 
Parliament  assembled,  and  by  the  authoritie  of  the 
same.  That  all  and  singular  the  clauses,  matters 
and  things  contained  in  any  charters  or  letters  pat- 
tents  heretofore  passed  under  the  great  seal  of 
England,  by  and  of  his  Majesties  Royall  prede- 
cessors, or  by  his  present  Majestic  or  the  late 
Queen,  relating  to  the  Government  of  his  Majes- 
ties subjects  within  the  said  plantations,  colonies 
or  places,  or  any  of  them,  or  within  any  other 
plantation,  colony  or  place  in  America,  whereby 


A71  act  disannulling  Charters,  <^c.        3t)l 

any  power  or  authority  is  granted  to  any  person 
or  persons  from  the  crown,  be,  and  hereby  are 
declared  and  enacted  to  be,  utterly  void  and  of 
none  effect ;  and  it  is  hereby  further  declared  and 
enacted,  that  all  such  power  and  authority,  privi- 
ledges  and  jurisdictions  shall  be,  and  are  hereby 
reunited,  annexed  and  vested  in  his  Majesty,  his 
heirs  and  successors,  in  right  of  the  crown  of 
England,  to  all  intents  and  purposes  as  tho  no 
such  ChB.rter  or  Letters  Pattents  had  been  had  or 
made.  Provided  always  that  nothing  herein  con- 
tained, shall  be  construed  to  extend  any  ways  to 
alter,  take  away  diminish  or  abridge  the  right  or 
title  which  any  person  or  persons,  bodys  politick 
or  corporate  have,  or  lawfully  may  have  or  claime 
to  any  lands,  tenements  or  hereditaments,  or  any 
other  matter  or  thing  (authority  or  Government 
only  excepted,)  by  vertue  of  the  said,  or  any  other 
Charter  or  Letters  Pattents,  or  by  vertue  of  any 
right  or  title  derived  from  or  under  such  Charters 
or  Letters  Pattents,  by  any  mean,  assignment  or 
conveyances  or  otherwise  howsoever.  Provided 
also,  that  nothing  in  this  act  contained,  shall  be 
construed  to  impower  his  Majesty,  his  heirs  or 
successors,  to  govern  the  said  plantations,  colo- 
nys  or  places  or  any  of  them,  or  the  inhabitants 
thereof,  otherwise  then  according  to  the  laws  in 
force  in  the  said  plantations  and  places  respect- 
ively, not  repugnant  to  the  laws  of  England,  and 
such  other  laws  and  constitutions  as  shall  from 
time  to  time  be  made  by  the  Generall  Assembly 
of  the  said  respective  plantations  according  to  the 
severall  and  respective  priviJedges  at  any  time 
heretofore  granted  to  the  said  severall  plantations 
and  colonies  respectively,  by  any  Charter  or 
Chart^s,  or  Letters   Pattents,  under  the  great 

2^ 


302         An  act  disannulling  Charters,  ^c. 

seal  of  England,  and  according  to  the  usages  in 
his  Majesties  other  plantations  in  America. 
1701. 

Note. — The  colony  was  at  this  time  in  the  most  critical  sit- 
uation. It  was  not  only  in  danger,  and  put  to  great  expense  in 
consequence  of  the  war,  to  defend  itself,  but  to  still  greater, 
to  defend  the  neighboring  colonies  of  Massachusetts  and  New 
York.  It  was  continually  harrassed  by  the  demands  of  Joseph 
Dudley,  Esqr.  Governor  of  Massachusetts, "  and  also  by  the 
Governor  of  New  York  and  the  Jerseys,  for  men  and  money, 
as  they  pretended,  for  the  defence  ol  their  respective  Govern, 
ments.  Governor  Dudley,  Lord  Cornbury  and  their  instru- 
ments combined  together  to  despoil  the  colony  of  its  Charter. 
It  ppears  from  the  letters  and  acts  on  file,  that  Dudley  wish- 
ed to  unite  all  New  England  under  his  own  government.  He 
had  been  connected  with  Sir  Edmund  Andross  in  the  Govern- 
ment of  New  England,  and  was  an  enemy  to  all  the  Chartered 
rights  ofthe  colonies.  While  he  was  soliciting  the  Govern, 
ment  of  Massachusetts,  he  had  a  view  to  the  Government  of 
all  New  England.  When  he  found  in  1699,  that  Sir  Henry 
Ashhurst  was  appointed  agent  of  Connecticut,  he  opposed  his 
undertaking  the  agency  with  all  his  influfence.  He  united  all 
his  influence  with  the  Court  party,  and  the  enemies  of  the  col- 
ony to  vacate  its  Charter.  He  so  far  succeeded,  that  in  the 
latter  part  of  the  reign  of  King  W^illiam,  the  above  bill  or  act, 
was  prepared  for  reuniting  all  the  Charter  Governments  to  the 
Crown.  Early  in  the  reign  of  Queen  Anne  it  was  brought 
into  Parliament.  Sir  Henry  Ashhurst  viewing  the  act  as 
unjust,  and  subversive  of  the  civil  and  religious  rights  of  the 
colony  exerted  all  his  influence  against  it.  Sir  Henry  had 
honorable  connections  whose  influence  at  court  was  consider- 
able. They  raised  all  the  opposition  to  the  passing  of  the  bill, 
in  their  power.  It  was  pleaded  that  the  colony  had  ever  been 
loyal  and  obedient,  and  if  any  irregularities,  or  inadvertencies 
should  finally  be  found  in  the  Government,  it  would  on  the  first 
notice,  undoubtedly  be  reformed.  At  the  same  time,  the  taking 
away  of  so  many  Charters,  was  at  once  calculated  to  destroy 
all  confidence  in  the  Crown,  in  royal  patents  and  promises  ;  to 
discourage  all  further  enterprise  in  settling  the  country  ;  these 
and  various  other  considerations  operated  so  powerfully  c gainst 
the  bill,  that  it  could  not  be  carried  through  the  houses. — 
Trum.  Hist,  of  Con. 


Henry  Ashhursfs  Petition.  303 

Copy  of  the  Petition  of  Sir  Henry  Ashhiirst^ 
against  the  passing  of  the  act  for  i^euniting  to 
the  Crown,  the  colonies  and  plantations  in 
America, 

To  THE  Right  IIonxourable — 

Tlie  Lords  Spiritual  and  Temporall. 

The  petition  of  Sir  Henry  Ashhurst,  Barronet, 
Agent  for  the  colony  of  Connecticut  in  New 
England:  Humbly  shevveth, — That  there  is  a  bill 
depending  before  your  Lordships,  intituled  an  act 
for  reuniting  to  the  Crown,  the  Government  of 
several  colonies  and  plantations  in  America, 
which  will  make  null  and  void  the  Charter  grant- 
ed to  the  inhabitants  of  the  said  colony  by  King 
Charles  ye  second,  dated  the  23d  of  Aprill,  1662. 
That  by  the  said  Charter,  the  Government  of  the 
said  colony  is  granted  to  the  said  inhabitants,  and 
it  is  so  interwoven  with  their  properties  that  it 
cannot  be  taken  away  without  exposeing  them  to 
confusion,  if  not  utter  ruine  ;  that  the  said  colony 
lies  at  a  distance  from  the  sea,  and  the  inhabitants 
never  accused  of  any  male  administration,  pyrat- 
icall  or  unlawfull  trade,  and  that  their  case  is  dif- 
ferent from  his  Majesties  other  plantations. 

Therefore  your  petitioner  humbly  prayes,  that 
he  may  be  heard  by  his  councill  at  the  barr  of  this 
honnourable  house,  in  the  behalf  of  the  said  inhab- 
itants, against  the  passing  of  the  said  bill,  and  your 
petitioner  shall  ever  pray,  &c. 


304  Order  from  the  King,  <^c. 

Copy  of  an  order  of  the  Lords  Spiritual  and  Tem- 
poral, that  Sir  Henri/  Ashhurst  may  he  heard 
against  the  passing  of  an  act  for  reuniting  to 
the  Crown,,  several  Colonies  and  Plantations  in 
America. 

Die  Sabbati,  May  3d,  170K 

Upon  reading  the  petition  of  Sir  Henry  Ash- 
hurst, Barronet,  Agent  for  the  colony  of  Connec- 
ticutt,  praying  that  he  may  be  heard  by  his  council! 
against  the  bill  intituled,  an  act  for  reuniting  to  the 
Crown,  the  government  of  several  colonies  and 
plantations  in  America  ;  it  is  ordered  by  the  Lords 
Spiritual  and  Temporall,  in  Farhament  assembled, 
that  the  Petitioner  shall  be  heard  as  desired 
against  the  bill,  on  Thursday  next,  at  eleven 
o'clock. 

MATHEW  JOHNSON, 

Cler.  of  Parliament. 


A7i  order  from  the  King,  submitting  the  case  of 
John  and  Nicholas  Hallam  to  his  Majesty  in 
Councill,  6fC, 

At  the  Court  at  Kingston,      ) 
the  12th  of  June,  1701,  y 

Present, 

The  Kings  Most  Excellent  Majesty. 

Lord  Arch  B'p  of  Canterbury,  Lord  Keeper,. 
Lord  President,  Lord  Chamberlain,  Earle  of 
Berkely,  Earle  of  Rochester,  Mr.  Vice  Cham:« 


Letter  from  Lords  of  Privy  Council.      305 

BERLAiN,  Mr.  Secretary  Hedges,  Lord  Chief 
'  Justice  Holt,  Sir  Henry  Goodricke. 

Upon  reading  this  day  at  the  board,  a  repre- 
sentation from  the  Lords  Commissioners  for  trade 
and  plantations,  in  obedience  to  an  order  the  5th 
of  December  last,  upon  the  petition  of  John  and 
Nicholas  Hallam,  complaining  that  the  Governour 
and  Company  of  Connecticut  had  refused  to 
admitt  them  to  appeal  to  his  Majesty  in  Councill, 
from  a  sentance  past  in  the  court  of  assistants  of 
that  colony,  in  the  month  of  May  1700,  relatmg 
to  the  last  will  and  testament  of  John  Liven  of  the 
said  colony,  deceased.  His  Majesty  in  Councill 
is  pleased  to  approve  of  the  said  representation, 
and  accordingly  to  order,  as  it  is  hereby  ordered, 
that  the  appeal  of  John  and  Nicholas  Hallam  in 
the  present  case  be  admitted ;  the  petitioners  first 
giving  security  to  prossecute  the  said  appeal  in 
order  to  be  beared  before  this  board,  the  first 
Councill  day  in  February  next,  and  to  abide  by 
his  Majestys  determination  in  councill  therein. 
And  his  majesty  is  further  pleased  to  order,  that 
authentick  copies  of  all  proceedings  in  the  peti- 
tioners case  be  transmitted  to  this  board,  under 
the  seal  of  the  colony  of  Connecticut,  for  his 
Majesties  better  information  herein,  whereof  the 
said  Governour  and  Company,  and  all  others 
whome  it  may  concern,  are  to  take  notice,  and 
govern  themselves  accordingly. 


A  Letter  from  the  Rt.  Hon.  the  Loi^ds  of  her  Ma- 
jesties Privy  Council. 

After  our  very  hearty  commendations ;  it  have- 
ins:  pleased  Almighty  God,  to  take  to  his  mercy, 

26* 


BOG     Letter  fi^om  Lwds  of  Privy  Council,    - 

out  of  this  troublesome  life,  our  late  Sovereign 
Lord,  King  William  the  third,  of  most  blessed 
memory,  and  thereupon  her  Royall  Majesty, 
Queen  Ann  being  proclaimed,  we  have  thought 
fitt  to  signifie  the  same  unto  you,  vs^ith  directions, 
that  with  the  assistance  of  the  Councill  and  other 
principall  officers  and  inhabitants  of  Connecticutt, 
you  proclaime  her  most  sacred  Majestic  according 
to  the  form  here  inclosed  with  the  solemnities  and 
ceremonies  requisite  on  the  like  occasions ;  and 
we  do  further  transmit  unto  you,  her  Majesties 
most  gracious  Proclamation,  signifieing  her  Majes- 
ties pleasure,  that  all  men  being  in  office  of  Gov- 
ernment at  the  decease  of  the  late  King,  shall  so 
continue  as  duering  his  late  Majestys  hfe,  untill 
her  Majesties  pleasure  be  further  known ;  which 
we  do  in  like  manner  will  and  require  you  forth- 
with to  cause  to  be  proclaimed  in  the  chief  place 
or  places  within  your  Government.  And  so  not 
doubting  of  your  ready  complyance  herein ;  we 
bid  you  heartily  farewell. 

From  the  Councill  Chamber  at  St.  James's,  this 
11th  day  of  March,  1701-2. 

Your  very  loveing  friends. 
THO.  CANTUAR,      BOLTON, 
N.  WRIGHT,  BURLINGTON, 

DEVONSHIRE,  SCARBOROUGH, 

CARLISLE,  STAMFORD, 

MANCHESTER,         R.  FERRERS, 
SOMERSET,  JOHN  POVEY. 

To  our  loveing  friends,  the  Governour  and  Ma- 
gistrates of  her  Majesties  colony  of  Connecticutt, 
in  America,  for  the  time  being. 


Letter  J rom  Council  of  Trade,  t^,         307 


A  Letter  from  the  Rt.  Hon.  the  Lords  of  the 
Council  of  Trade,  with  the  information  of  the 
death  of  King  William  the  Sd,  <^c. 

White  Hall,  March  the  19th,  1701-2. 
Gentlemen  : — 

Upon  the  sad  occasion  of  the  death  of  his  late 
Majesty,  King  William  of  blessed  memory,  and 
the  happy  accession  of  the  high  and  mighty 
Princess  Anne,  to  the  Throne  of  her  royall  ances- 
tors ;  we  send  here  inclosed  the  order  of  her 
Majesties  most  honnourable  Privy  Councill,  that 
you  may  take  care  that  her  Majestic  Queen  Anne, 
be  accordingly  proclaimed  Queen  of  England, 
Scotland,  France  and  Ireland,  and  of  all  the  do- 
minions thereunto  belonging,  in  the  most  sollemn 
manner,  and  most  proper  parts  of  her  Majesties 
colony  of  Connecticutt.  And  you  are  upon  this 
occasion  to  assure  all  her  Majesties  subjects  in 
the  said  colony,  of  her  Majesties  speciall  care  and 
protection,  and  to  exhort  them  to  do  on  their 
parts  what  is  necessary  for  their  security  and  de- 
fence in  the  present  conjuncture,  and  you  are  to 
return  a  speedy  account  of  your  proceedings 
herein.  So  we  bid  you  farewell. 
Your  loving  friends, 

STAMFORD,  JOHN  POLLEXFEN, 

LEXINGTON,         MAT.  PRIOR. 

PH.  MEADOWS, 

For  her  Majesties  especial  service. 

To  the  Honn'ble  the  Governour  and  Company 
of  her  Majesties  Colony  of  Connecticutt,  in  New 
England,  in  America,  or  for  the  Governour  and 
Company  of  the  said  colony  for  the  time  being. 


308         Letter  from  Council  of  Trade,  <^c. 


A  Letter  from  the  Rt.  Hon,  the  Lords  Comission- 
ers  of  the  Council  of  Trade,  ivith  the  copy  of 
the  Petition  of  Benjamin  Way,  relative  to  five 
men  taken  by  Pirates. 

White  Hall,  April  the  4th,  1702. 

Gentlemen  : — 

We  send  you  here  inclosed  a  copy  of  a  petition, 
with  an  affidavit  made  upon  it,  relating  to  five 
seamen,  taken  by  a  Pyrate,  out  of  the  John  Galley, 
and  (as  is  believed)  forcibly  detained  ;  that  in  case 
any  of  them  shall  happen  to  arrive  in  her  Majes- 
ties colony  of  Connecticut,  under  your  Govern- 
ment, you  may  have  such  regard  to  this  testimony 
of  their  innocence,  as  after  other  due  examination, 
shall  appear  reasonable.  So  we  bid  you  heartily 
farewell. 

Your  very  loving  friends, 

STAMFORD, 
PH.  MEADOWS. 
JOHN  POLLEXFEN, 
MAT.  PRIOR, 
ABR.  HILL. 

For  her  Majesties  especial  service. 

To  the  Honnourable  the  Governour  and  Com- 
pany of  her  Majesties  colony  of  Connecticut,  in 
New  England,  in  America,  or  for  the  Governour 
and  Company  of  the  said  colony  for  the  time 
being.  Connecticut.     '*' 


Petition  of  Benjamin  Way,  309 

lo  the  Right  Honnourahle  the  Lords  Commission- 
ers for  Trade  and  Plantations,  the  humble  Pe- 
tition  of  Benjamin  Way,  of  London,  merchant, 
sheweth : — 

That  whereas  the  ship  John  Gaily,  Thomas 
Warren,  master,  on  a  voyage  to  Madagasker  and 
other  places  in  India,  was  in  the  lattitude  of  36 
degrees  south,  on  the  9th  of  Aprill,  1701,  surpriz- 
ed and  taken  by  the  shipp  John,  late  of  London, 
200  tunns,  20  gunns,  about  sixty  men,  one  Juet,  a 
Frenchman,  commander,  and  plundered  of  cargo, 
stores  and  provissions,  and  after  being  detained 
four  days,  was  on  the  13th  suffered  to  depart,  but 
Henry  Berckley,  Surgeon,  Jos.  Bartholomew, 
carpenter,  Thomas  Jones,  Henry  Cosser  and 
William  Crawford,  saylors,  were  forcibly  stopt 
and  kept  on  board  the  Pyrate.  Wherefore  I, 
your  Petitioner,  pray  your  Honnors  that  some 
notice  may  be  given  to  the  several  Governours  of 
her  Majesties  plantations  and  colonys  abroad, 
that  if  said  ship  be  taken,  or  come  in,  those  five 
innocent  men  may  not  be  treated  as  criminals. 
And  your  petitioner  shall  ever  pray,  &c. 

London,  2d  April,  1702. 

COPIA. 

Thomas  Warren,  master  of  the  above  shipp, 
John  Gaily,  appeared  before  me  and  made  oath, 
the  five  named  in  the  above  petition,  were  as  he 
verily  believes  forceably  stopt  by  the  pyrates  as 
above  declared. 

THOMAS  WARREN. 
London,  8th  April,  1702. 

Thomas  Abney,  Mayor. 


310         Letter  from  Earl  of  Nottingham. 


Letter  from  the  Rt.  Hon.  the  Earl  of  Nottingham, 
one  of  her  Majesties  principal  Secretaries  of 
Slate,  giving  notice  of  her  Majesties  Declaration 
of  war  against  France  and  Spain, 

White  Hall,  May  7th,  1702. 

SiR^The  Queen  haveing  been  pleased  to  con- 
stitute me  one  of  her  principal  Secretarys  of  State, 
it  is  necessary  that  I  should  inform  you  of  it,  that 
for  the  future  you  may  direct  to  me,  such  letters 
as  relate  to  her  Majesties  service,  and  I  desiie 
you  from  time  to  time,  to  acquaint  me  with  such 
things  as  occur  in  your  parts. 

And  I  am  commanded  to  acquaint  you,  that  her 
Majesty  has  declared  warr  against  France  and 
Spain,  as  you  will  see  by  the  enclosed  declaration, 
and  to  signifie  her  Majesties  pleasure  to  you,  that 
you  cause  it  to  be  proclaimed  in  the  places  under 
your  Government,  that  her  subjects  haveing  this 
notice,  may  take  care  to  prevent  any  mischief, 
which  otherwise  they  might  suffer  from  the  ene- 
my,  and  do  their  duty  in  their  severall  relations 
to  annoy  the  subjects  of  France  and  Spain.  I 
^must  also  acquaint  you  that  the  Emperour  and 
the  States  General!,  have  also  declared  warr 
against  France  and  Spain. 

I  am  your  most  humble  Servant, 

NOTTINGHAM. 

To  the  Governour  and  company  of  her  Majes- 
ties colony  of  Connecticut,  in  America. 

Connecticutt. 


Letter  from  Council  of  Trade,  ^-c.         311 


Letter  from  the  Rt.  Hon.  the  Lords  of  the  Council 
of  Trade^  directing  the  Goveiiiour  and  Company 
to  prepare  for  their  security^  and  to  render  as- 
sistance to  New  York,  ^-c. 

White  Hall,  Sept.  the  15th,  1702. 

Gentlemen  : — 

Her  Majesty  has  been  pleased,  by  order  in 
council  of  the  24th  of  August  last,  upon  our  rep- 
resentation relating  to  the  defence  and  security 
of  all  the  plantations  in  America,  expressly  to 
direct  us  to  require  you  to  take  care  that  due  pre- 
parations be  made  in  her  Majesties  colony  of 
Connecticutt,  for  the  defence  and  security  of  the 
same  against  any  attempt  that  may  be  made  upon 
it  by  the  enemy  duering  this  time  of  warr.  And 
likewise  that  in  case  of  an  invasion  or  appearance 
of  iminent  danirer,  on  tlie  side  of  New  York,  vou 
do  forthwith  send  assistance  to  that  province,  in 
men  or  monev  accordino-  to  former  directions 
given  you  on  that  behalf,  this  being  her  majesties 
express  command,  and  your  own  interest  in  the 
safety  of  that  colony,  being  also  so  much  con- 
cerned in  the  observance  thereof,  your  punctual 
complyance  with  her  Majesties  pleasure  in  these 
particulars  is  accordingly  expected,  so  W'e  bid  you 
heartily  farewell.  Your  loveing  friends, 
ROB.  CECILL,  JOHN  POLLEXFEN, 
PH.  MEADOWS,     MAT.  PRIOR. 

For  her  Majesties  especial  service. 

For  the  Hon.  the  Gove'r  and  Company  of  her 
Majesties  colony  of  Connecticut,  in  New  England, 
in  America,  or  for  the  Gov'r  and  company  of  the 
said  colony  for  the  time  being.         Connecticut. 


312  Court  of  Election^ 


At  a  Court  of  Election  holden  at      ) 
Hartford ,  Maij  11,1 704.  ) 

It  is  ordered  by  this  Court,  that  the  frontier 
townes  hereafter  named,  are  to  be  so  accounted, 
that  is  to  say,  Symsbury,  Water  bury,  Woodbury, 
Danbury,  Colchester,  Windham,  Mansfield,  and 
Plainfield.  And  shall  not  be  broken  up  or  volun- 
tarily deserted  without  application  first  made  by 
the  inhabitants,  and  allowance  had  and  obtained 
from  this  Court,  nor  shall  any  inhabitants  of  the 
frontiers  mentioned,  having  an  estate  of  freehold 
in  lands  and  tenements  within  the  same,  at  the 
time  of  any  insurrection  or  breaking  forth  of  warr, 
remove  from  thence  with  intent  to  sojourn  else- 
v.'here,  without  libertie  as  aforesaid,  on  pain  of 
forfeiting  all  his  estate  in  lands  and  tenements 
lying  within  such  townships,  to  be  recovered  by 
information  of,  and  proof  made  by  the  select  men 
of  such  towne. 

And  it  is  further  enacted,  that  no  male  person 
of  sixteen  years  old  and  upwards,  that  shall  be  an 
inhabitant  of  or  belonging  to  any  of  the  townes 
aforementioned,  at  the  time  of  such  warre  or  in- 
surrection, shall  presume  to  leave  such  place  on 
penalty  of  ten  pounds,  to  be  recovered  as  afore- 
said, all  which  penalties  to  be  improved  towards 
the  defence  of  such  place  or  places  whereof  such 
person  or  persons  were  inhabitants. 

It  is  ordered  bv  this  Court,  that  ten  men  shall 
be  put  in  garrison  in  each  of  those  townes  hereaf- 
ter mentioned,  that  is  to  say,  Danbury,  Woodbury, 
and  Symsbury. 


Letter  from  Queen  Anne.  31 S 


Additional  instructions  to  our  trusty  and  well  he- 
loved  the  Governor  and  company  of  our  Colony 
of  Connecticutt  in  New  England  in  America^ 
or  to  the  Governor  and  Company  of  our  said 
Colony  for  the  time  beings  Given  at  our  Cas- 
tle at  Windsor^  tlve  llthdayofJuly,  1704,  in  the 
third  year  of  our  reign. 


Anne  R. 


Whereas  by  the  third  article  of  our  instructions 
to  you  according  to  several  laws  relating  to  the 
trade  and  navigation  of  this  our  kingdom  of  Eng- 
land, and  our  colonies  and  plantations  in  America, 
you  are  required  to  take  care  and  give  directions 
that  no  goods  or  commodities  whatsoever  be  im- 
ported into,  or  exported  out  of  our  said  colony  of 
Connecticut,  in  any  ships  or  vessels,  but  in  such 
whereof  the  master  and  three-fourths  of  the  mar- 
iners at  least  are  EngHsh,  and  whereas  by  a  clause 
in  an  act  past  the  last  session  of  Parliament,  en- 
tituled  an  act  for  raising  recruits  for  the  land  forces 
and  marines,  and  dispensing  with  part  of  the  act 
for  their  incouragement  and  increase  of  shipping 
and  navigation  during  the  present  war,  (a  copy 
whereof  you  shall  herewith  receive,)  It  is  enac- 
ted that  during  the  present  war  and  no  longer, 
the  number  and  proportion  of  mariners  to  sail  in 
such  ships  or  vessels,  which  by  laws  now  in  force 
are  Hmited  to  the  master  and  three-fourths  of  the 
mariners  to  be  English,  shall  be  enlarged  to  the 
master  and  one  moiety  of  the  mariners  at  least  to 
be  English,  it  is  our  will  and  pleasure,  that  you 
take  care  and  give  directions,  that  the  said  act  be 

27 


314  An  Act  raising  Recruits,  <^c. 

observed  in  our  said  colony  of  Connecticut,  dur- 
ing this  present  war  accordingly.  A.  R, 


Copy  of  a  clause  of  an  act  past  in  the  third  year 
of  her  Majesties  reign,  entituledan  act  for  rais- 
ing recruits  for  the  land  forces  and  marines,  and 
for  dispencingwitlip)art  of  the  act  forincourage- 
ment  and  increase  of  shipjnng  and  navigation 
during  the  present  war. 

And   whereas  by  the   laws  now  in  force,  the 
navigating  of  ships  or  vessels  in  divers  cases,  is 
required  to   the  master  and  three-fourth  parts  of 
the  mariners  at  least  being  English,  under  divers 
penalties   and  forfeitures  therein  contained :  and 
whereas  great  numbers  of  seamen  are  imployed 
in  her  Majesties  service,  for  the  manning  of  the 
Royal  Navy,  so  that  it  is  become  necessary  dur- 
ing the   present   war,  to  dispence   with  the    said 
laws,  and  to    allow  a  greater  number  of  foreign 
mariners  for  the  carrying  on  of  trade  and  com- 
merce.    Be  it  therefore  enacted  by  the  authority 
aforesaid,  that  during  the  present  war,  and  no 
longer,  the  number  and  proportion  of  mariners  to 
sail  in  such  ships  or  vessels  which   by  any  law 
now  in  force  are  limited  to  the  master  and  three- 
fourths  of  the  mariners  to  be  English,  shall  be  en- 
larged to  the  master  and  one  moiety  of  the  mar- 
iners at  least  to  the  English  ;  and  that  it  shall  and 
may  be  lawful  to,  and  for  the  owner  or  owners  of 
any  such  ship  or  vessel  to  navigate  the  same  with 
such  mariners  whereof  the  master  and  one  moiety 
of  the  mariners  at  least  shall  be  English,  without 


heVer  from  Board  of  Trade,  315 

incurring  any  penalty  or  forfeiture  for  so  doing, 
and  without  subjecting  the  goods  or  merchandize 
Jaden  on  such  ships  or  vessells  to  any  other  cus- 
tomes,  duties  or  payments  than  should  have  been 
paid  for  the  same,  in  case  the  same  ships  or  ves- 
sells had  been  navigated  by  a  master  and  three 
fourths  of  the  mariners  being  Enghsh,  any  former 
law  or  statute  to  the  contrary  thereof  in  any  wise 
notwithstanding. 


Letter  from  the  Lords  of  the  Board  of  Trade. 

Gentlemen  : — 

It  having  pleased  Almighty  God  to  give  her 
Majesty  a  compleat  and  glorious  victory  over  her 
enemies  near  the  Danube,  under  the  conduct  of 
his  grace  the  Duke  of  Marlborough  ;*  and  her 
Majesty  having  thought  fit,  in  acknowledgement 
of  so  great  a  blessing,  to  appoint  a  day  of  thanks- 
giving here  in  England,  which,  as  it  cannot  be  so 
soon  complyed  with  by  you,  we  herewith  inclose 
to  you  the  said  proclamation  with  directions  that 
on  receipt  thereof  you  appoint  a  proper  and  spee- 
dy day  to  be  kept  by  all  her  Majesties  good  sub- 
jects within  her  Majesties  colony  of  Connecticut 

*  Battle  of  Bleinhem,  fought  on  the  2(1  of  August  1704. 
The  French  and  Bavarians,  under  Marshal  Tallard,  were 
totally  defeated,  with  the  loss  of  20,000  men,  killed,  wounded 
or  drowned  in  the  Danube.  The  French  Marshal,  with 
13,000  men  were  made  prisoners.  A  large  proportion  of  the 
artillery  and  baggage  of  the  French  army,  also  fell  into  the 
handsof  the  English. 


SI  6'  Letter  from  Henry  AshhursL 

m  like  manner  as  is  prescribed  by  the  said 
proclamation.  And  so  we  bid  you  heartily  fare- 
well. 

From  our  office  at  White  Hall  August  the  25th, 
1704. 

Your  very  loveing  friends, 

PH.  MEADOWS, 
WM.  BLATHWAYT, 
MAT.  PRIOR. 

Gov'r  and  Company  of  Connecticut. 


Letter  from   Sir   Henry  AsTihvrst,  to  Governor 

Winthrop^ 

Kensington,  9  September,  1704. 

HON^BLE  AND  WORTHY  SlR 

My  last  to  you  was  by  Mr.  Mulford,  who  was 
in  such  haste  yt  he  could  not  stay  an  hour  for  tliat 
letter,  but  since  I  hear  he  is  at  Plymouth,  I  take 
ye  opportunity  to  write  to  you  more  at  large,  tho 
both  my  letters  may  come  to  you  pr  the  same 
hand.  Your  Government  being  a  Charter  Gov*- 
ment,  and  vipers  among  you  that  would  destroy 
their  own  native  country,  know  those  Govern- 
ments are  not  favoured  at  courts  and  when  peti> 
tions  and  answers,  references  in  appeals,  bring 
great  grists  to  their  mill,  noe  wonder  if  they  are 
incouraged  heere  ;  you  may  see  by  the  following 
account  the  malice  and  spite  of  Hallam  against 
you  and  yt  worthy  Gentleman  Mr.  Saltonstall,. 
to  whom  with  much  respect  remember  me.    As  to 


Letter  from  Henry  Ashhurst.  317 

the  acct.  yt  you  desire,  I  cannot  serve  you  to 
give  you  particulars,  for  reasons  you  may  guess ; 
if  vou  were  neere  mee  vou  should  have  them  ; 
but  this  I  will  say,  that  ye  solicitors  bill,  the 
councill  to  both  the  hearing  of  Hallam's  and  the 
reference  came  to  about  £60.  I  received  no 
petty  charges  nor  any  one  attendance  ;  their  bu- 
siness has  cost  Hallam  and  some  body  else  above 
£250  already,  in  this  suite  about  the  will,  and  if  it 
had  not  ben  justly  opposed  by  some  Lords  my 
friends,  Hallam  did  not  expect,  who  did  beleeve 
what  I  said  of  the  justnes  of  the  cause,  he  would 
have  obtained  a  second  hearing  aboute  the  will, 
se  by  the  inclosed  papers,  which  is  a  copy  of  his 
petition  for  a  second  hearing,  I  have  also  inclos- 
ed the  opinions  of  two  of  the  best  councelle  we 
have,  fit  to  be  judges  of  all  these  questions  ;  you 
desired  to  be  informed  in  reference  to  Hallams, 
which  is  included  in  the  compound  charge  men- 
tioned above,  but  this  of  Hallams  hath  cost  me 
about  £10  since  my  last.  I  have  also  inclosed  a 
copy  of  his  petition  to  the  Queen's  Councill  about 
his  ship,  and  refuseing  to  give  him  letters  of  ad- 
ministration for  his  sister,  and  with  these  invidious 
w^ords,  that  you  positively  denyed  appeales  to 
England,  which  you  will  read  in  this  petition  in- 
closed ;  they  granted  him  an  appeal,  he  bringing 
two  affidavids  yt  you  positively  denyed  any  ap- 
peales to  England,  and  they  appointed  a  hearing 
next  October,  and  had  some  materialls,  but  is 
now  agreed  to  be  put  off  untill  October  next  come 
twelve  month,  and  against  then  you  must  send 
me  full  instructions,  and  if  it  be  necessary  a  person 
or  two  for  evidence  ;  if  the  Lord  spare  my  life  I 
hope  this  shall  be  the  last  trouble  you  shall  have ; 
the  order  of  counsel  saith  he  shall  give  security 
heer  or  else  with  you  to  abide  the  judgment,  to 
27* 


318  Letter  from  Henry  AsMiurst, 

pay  all  the  charges ;    he  hath  given   none   here^ 
therefore  if  he  doth  not  give  sufficient  security 
with  you,  you  must  make  oath  of  his  refusal!  and 
send  over  such  affidavitts.     I  am  sorry  matter& 
transacted  at  court  are  so  chargeable ;  there  is 
noe  geting  reference  of  a  petition  without  paying 
£3  2s   6d,  as   to   his   comition  under  the  great 
seal  w'ch  hath  cost  £lOO  to  the  Queene,  passing 
the  offices :  the  complaint  of  ye  Indians,  if  you 
make  that  appear  to  be  a  knavery  I  believe  they 
will  not  have  his  other  appeale ;  I  do  not  doubt 
but  all  these  tricks  will  turn  at  last  to  the  countrys 
advantage.     As  to  the  account  of  the  charge  of 
the  colony  for  defending  their  cause  in  the  house 
of  Lords,  and   other   business    respecting  their 
boundaryes  and  severall  other  things,  that  charge 
is  100  pound  at  least :  the  agent  for  Hallam,  is 
agent  for  Rhoade  Island,  he  has  £40  pr  year,  be- 
sides all  his  ffees  and  his  bills,  and  Mr.  Phyps  hath 
had  two  hundred  pound  this  year  paid  him  pr  Mr. 
Partridge  for  Massecusets.     I  have  one  or  two 
very  materiell  things  to  write  to  you  ;  one  is  about 
your  militia ;  it  is  the  opinion  of  the  best  counsel 
yt  you  have  pr  your  Charter,  power  of  your  owne 
malitia,  w'ch  Charter  I  hope  you  will  long  enjoy, 
therefore  if  to  the  exposeing  of  your  owne  country 
you  are  called  by  any  of  the  Queenes  Governors 
to  send  out  your  own  men,  in  a  civil  maner,  rep- 
resent it  to  that  Govern't  and  tell  them  you  have 
power  by  yoV  Charter,  of  yoV  owne  malitia,  and 
that  we  serve  so  gratious  a  Queene,  that  would 
have  nothing  done  to  the  prejudice  of  any  of  her 
people,  but  if  you  can  spare  them  from  your  own 
safety,  and  if  any  other  colony  wants  them  let 
them  have  them  if  they  will  pay  them.     Against 
winter  you  must  expect  that  I  shall  attend  the 
Parliament,  against  an  act  of  Parliament  yt  will 


Letter  from  Henry  Ashhur  St.  319 

be  attempted  by  your  enemies  not  only  to  take 
away  your  Charter,  but  also  to  get  a  corporation 
settled  by  act  of  Parlm't  heere  under  pretence  of 
bringing  in  navall  stores  to  destroy  all  your  trade, 
both  in  New  England,  and  in  yo'r  colony  w'ch 
will  at  last  I  fear  ruine  that  interest  of  religion 
w'ch  cost  your  heroick  ancestors  soe  deare,  these 
are  things  that  require  your  speedy  consultation 
and  I  wish  you  eftectaally  to  arme  me  every  way 
to  defend  you  against  soe  many  attacks  ;  for  if 
you  doe  not,  your  children  will  feel  the  miserys 
of  so  fatall  a  neglect;  those  that  are  at  this  junc- 
ture against  this  expence,  serve  the  interest  of  the 
enemies  of  your  Charter. 

I  am,  with  much  respect. 

Your  most  faithfull  servant, 

HENRY  ASHHURST. 

I  doe  think  the  whole  country  quacks  were  con- 
cerned in  the  business  of  Hallam's  ;  and  I  beleave 
there  was  some  part  of  the  100  pound  for  the 
countryes  service  might  have  some  reference  to 
Hallam,  but  it  was  but  a  small  part. 

Account. 

To  4  years  sallery  for  my  agency        lb.    s.  d. 

and  attendance  in  your  service, 

at  £100  pr  annum,  400  00  00 

To  mony  expended  in  the  ser\'ice 

of  the  colony,  100  00  00 

To  money  expended  in  Hallam's 

business,    defending    the   two 

suits  laid  out,  60  00  00 

To  the  exchange  of  £100,  paid 

in  New  England.  35  00  00 

£595  00  00 


320  Letter  from  Henry  Ashhurst, 

Rece'd  pr  Generall  Winthrops  or- 
der pr  two  bills  of  exchange,  £200  00  00 

Recde,    per  Mr.    Peter  Serjaunt, 

Boston,  100  000  00 

Recde   of  Mr.  Mason   pr  a  bill 

drawn  upon  you,  40  00  00 

Recede  pr  a  bill  drawne  payable 

to  Mr.  Sewall,  100  00  00 

£440  00  00 


Rest  due  to  me,  this  15th  Sept.  1704,    155  00  00 

Because  you  complane  of  yo'r  expence  in  this 
warr,  I  am  willing  to  take  £lOO  to  cleare  thisoc- 
count  to  this  day.  You  must  excuse  the  bad  wri- 
ting, the  difficulty  of  geting  papers  must  excuse 
my  blunders.  I  shall  send  a  man  to  Plymouth  to 
forward  this. 

To  JMajor  Generall  John  Winthrop  Esqr,  Gov- 
ernor of  Connecticutt. 


Letter  from  Sir  Henry  Ashhurst  to  the  Governor 
and  Council  SfC.  of  Connecticut. 

Kensington,  fFeb.  1 5th,  1704-5 

Honourable  Sr. 

And  you   the  Govii^r,  of  ye  Councill  and 
General  Assembly  of  Connecticott, 

My  last  to  you  was  of  the  9th  of  September, 
with  several  papers  and  accounts  sent  you  by 


Letter  from  Henry  Ashhurst,  321 

Major  Vaughan  and  Mr.  Mulford,  wliich  I  hope 
is  arrived  safe — an  imperfect  coppy  I  here  inclose, 
about  three  weeks  after  they  were  set  sail,  Mr. 
Dudley,  ye  old  ffriend*  of  New  England,  and  my 
Lord  Cornbury  sent  such  letters  and  complaints, 
and  Mr.  D.  sent  an  opinion  of  the  Attorney  Gen- 
erall  in  King  WiUiam's  time,  yt  you  will  see  pr 
ye  inclosed,  yt  the  Queen  might  send  a  Gov'r 
of  yo'r  colony  ;  the  Lords  of  the  trade  immedi- 
ately transmitted  this  information  of  D's  and  mv 
Lord  Cornbury  to  ye  Queen  and  councill,  they 
transmitted  ye  opinion  to  ye  Attorney  and  Soli- 
citor Generall,  one  of  them  being  my  near  kins- 
man, and  the  other  a  very  honest  man  ;  they 
made  a  report  yt,  if  ye  case  was  so  as  D.  repre- 
sented it  yt,  there  was  a  defect  in  Gove'mt,  that 
you  were  not  able  to  defend  ye  colony,  and  yt  it 
w^as  in  eminent  danger  of  being  possess'd  pr  ye 
Queens  enemies,  in  such  a  case  she  might  send  a 
GovV  for  civill  and  military  Gover'mt,  yet  not  to 
alter  yo'r  laws  and  customes — after  this  the  Queen 
sent  for  me  into  Oxfordshire,  (I  owning  myself 
yoVpublick  serv't)  to  the  reasons  (If  I  have  any) 
why  the  Queen  might  not  appoint  a  GovV  over 
yo'r  colony,  which  I  thot  was  taking  from  you  all 
yt  was  dear  to  you — I  immediately  left  all  my 
concerns  and  came  to  town,  tho  I  had  a  great  part 
of  my  estate  to  lett  yet,  and  is  like  to  be  upon  my 
hands,  yet  haveing  put  my  hand  to  ye  plow,  I 
would  not  look  back  again.  If  I  had  not  enga- 
ged to  serve  you,  for  five  times  what  you  have 
given  me,  I  would  not  have  taken  so  much  pains, 
as  w^as  absolutely  necessary  for  me  to  do  at  this 
juncture.  It  being  agreed  yt  the  Lord  Cornbury 
should  have  yo'r  colony,   and    Dudley  Rhoad  Is' 

*  An  ironical  expression* 


S22  Letter  from  Henry  Ashhurst. 

land,  as  I  was  credibly  informed.  I  have  served 
Rhoad  Island,  who  are  much  more  obnoxious 
than  you  for  the  present.  No  wonder  that  D.  uses 
all  ye  interest  he  has,  yt  I  might  not  be  yo'r  agent, 
since  he  has  such  designs  in  his  head  to  take  your 
charter  away.  My  Lord  Pagett  is  my  waves  own 
brother,  who  is  going  to  ye  Emperor  Embassador 
Extraordinary  to  make  peace  betwixt  him  and  ye 
Hungarian  Protestants  :  a  noble  designe  if  effect- 
ed, he  has  great  interest  at  court,  and  he  assisted 
me  when  I  came  to  town,  I  had  but  six  days  al- 
lowed me  to  shew  cause  why  a  Gov'r  should  not 
be  appointed.  I  presented  a  petition  to  ye  Queen 
and  then  got  thirty  days  time,  and  then  having  my 
councill  and  all  things  ready,  the  hearing  being 
put  off  to  ye  112th  instant,  was  a  double  charge, 
then  I  got  two  of  the  best  councill  in  England, 
both  Parliament  men,  one  of  £1000  pr  annum, 
and  the  other  a  very  great  man.  They  both  for 
an  hour  and  half  defended  yo'r  cause  ag't  the  At- 
torney and  Solicitor  Generall  before  the  Queen 
and  Councill.  I  stood  buffeting  all  the  clamours 
of  D.  by  my  councill  and  of  all  yt  was  charged 
ag't  you  per  D.  my  Lord  Cornbury  and  Mr.  Con- 
greve,  and  after  the  consideracion  of  the  councill, 
they  came  to  this  resolution,  yt  the  Lords  Com'rs 
of  Trade,  out  of  all  ye  accusations  offered  (where- 
by they  endeavoured  to  shew  yt  you  had  forfeited 
yo'r  charter)  should  draw  ye  most  materiall  crimes, 
and  yt  a  copy  of  them  should  be  sent  to  Coll.  D. 
and  to  my  Lord  Cornbury,  and  to  ye  Gov'r  of 
Connecticott,  and  the  Gov'r  of  Rhoad  Island,  vt 
they  should  in  a  publick  manner  examine  ye  per- 
ticulars,  and  send  afhdavids  of  ye  truth  of  the 
ffacts,  and  ye  best  answers  yt  you  can  make  to 
them ;  and  to  be  sent  hither  if  possible  August 
next.     But  w't  your  crimes  are,  they  will  accuse 


Letter  from    Henry  Ashhurst.  323 

you  of,  I  shall  not  yet  hear  these  14  days;  but 
that  you  may  be  prepared  I  send  you  this  notice 
pr  ship,  yt  I  am  told  is  just  going  away.  There 
is  one  Mr.  Buckly,  all  by  D's  contrivance  has  sent  a 
large  ffolio  book,  which  he  calls  pr  ye  name  of 
Will  and  Doom,  or  a  History  of  the  miseries  of 
Connecticott,  under  the  arbitrary  power  of  the 
present  Gover'mt,  wherein  he  mightily  commends 
Sr  Edmund  Andros's  Gov'mt,  and  says  all  ye  ma- 
litious  things  he  possibly  can  invent  with  great 
cunning  and  art.  I  have  inclosed  you  ye  memo- 
riells  drawn  up  to  instruct  my  councill ;  and  w  hat 
the  additionail  instructions  are  you  have  allso, 
which  I  drew  myself  I  desire  you  would  consid- 
er, to  make  such  answers  as  may  once  for  all  de- 
liver you  from  the  like  danger;  remember  ye  Ca- 
nanite  is  in  ye  land,  as  for  yo'r  laws  differing  from 
ye  laws  of  England,  dont  be  discouraged  at  yt 
but  be  sure  yt  they  dont  find  you  breaking  the  acts 
of  Parliam't  concerning  navigation,  for  yt  binds 
all  ye  Queens  subjects  every  where.  Therefore 
you  must  be  very  strict  in  observing  them,  and  be 
sure  yt  they  dont  find  you  protecting  of  criminalls 
or  any  yt  defraud  ye  Queen,  or  saying  or  doing 
any  thing  disrespectfull  to  her  or  ye  Gove'mt. — 
They  lay  strange  things  to  yo'r  charge,  the  heads 
whereof  I  have  here  inclosed. 

I  am  afirayed  yo'r  letters  are  intercepted,  I 
have  had  none  from  you  since  ye  5th  of  June  last, 
pray  send  me  perticulars  upon  oath  under  yo'r 
seal,  of  all  ye  charge  yt  you  have  been  att  every 
year  in  defending  yo'r  own  countrey,  or  assisting 
others  since  the  war  began.  The  present  charge 
of  this,  has  cost  me  £40.  I  hope  you  have  paid 
the  £140  to  Sewall.  I  shall  draw  this  year  £200 
upon  you,  besides  ye  exchange  payable  to  him  for 
ye  corporation,  which  will  pay  ye  £100  in  arrears 


324  Letter  from   Henry  AslihursL 

and  ye  £100  for  this  year,  and  because  you  say  the 
war  has  exhausted  you.  If  I  am  at  no  more 
charge  than  this  £40,  I  will  draw  no  more  upon 
you  this  year. 

And  SQ  you  have  all  my  pains  and  trouble  this 
year  for  £60.  I  think  you  ought  to  send  a  speciall 
messenger  of  some  credit  withall  yo'r  dispatches, 
since  letters  are  so  intercepted.  If  I  had  not 
made  some  great  interest,  I  know  how  things 
would  have  gone.  I  hope  a  Nephew  of  mine 
will  be  Lord  Keeper,  I  shall  say  no  more  now, 
but  yt  I  am  gentlemen, 

Your  friend  and  humble  Servant, 

HEN.  ASHHURST. 

Note. — The  immense  mass  of  testimony  and  other  docu- 
ments in  relation  to  the  affairs  above  alluded  to,  would  extend 
this  work  to  an  unusual  length  :  Gov.  Dudley  and  Lord 
Cornbury  had  spared  no  pains  to  carry  their  points  against 
the  Colony  ;  but  .through  the  skill,  perseverance  and  faith- 
fulness of  Sir  Henry  Ashhurst,  all  their  plans  were  defeated. 
They  were  unable  to  sustain  the  charges  which  they  had  ex- 
hibited against  the  Colony  :  the  affair  was  kept  in  agitation 
for  nearly  seventy  years.  It  was  always  upon  a  legal  hear- 
ing determined  in  favor  of  the  Colony.  The  final  decision 
did  not  take  place  until  the  former  part  of  the  Reign  of 
George  the  third. 


Letter  from  Sir  Henry  Ashhurst  to  Governor  Win- 

throp. 

Kensington,  2d  Feb.  1705. 
Much  Honnoured  and  dear  Sr — 

I   have  only  a  quarter  of  an  hours  notice  of  a 
particular  hand,  to  acquaint  you  that  I  have  seve- 


Letter  from  Henry  Ashkurst.  825 

rail  letters  from  you  and  from  the  Goverment, 
from  August  to  November ;  and  to  tell  you  that  I 
have  been  almost  every  day  from  morning  till  night 
solicitingyour affairs.  The  naturallaversnesslhave 
to  oppression,  as  well  as  believing  it  to  be  the  cause 
of  God,  makes  me  willing  to  leave  my  pleasant 
habitation  in  Oxfordshire,  to  endeavour  to  protect 
you  against  the  malice  and  crafty  designs  of  your 
great  oppressor.  I  can  give  you  no  particular  ac» 
count  of  the  success  of  any  of  your  affairs  under 
my  management.  About  a  fortnight  hence,  Palmes 
his  2  appeals,  will  be  beared,  and  Palmes  himself 
is  come  here  to  be  a  witness  to  his  just  proceed- 
ings about  the  Indian  lands  ;  as  also  to  justifie  the 
complaints  of  Dudley  against  the  Government, 
and  I  very  much  wonder,  that  when  your  all  was 
at  stake,  that  you  would  not  send  one  person  fully 
furnisht  with  evidences  under  vour  seal,  to  con- 
front  the  accusation  that  Dudley  brings  in  against 
you ;  there  is  but  one  of  your  boxes  of  w^ritino;s 
that  is  come  safe  ;  the  ship  that  you  sent  the  oth- 
er in,  is  thought  to  be  taken  by  the  French  :  and 
there  is  one  writinji  under  vour  seal,  that  you  men- 
tioned  in  severall  of  j^our  letters,  (to  wit)  evi- 
dence that  Palmes  refused  to  give  security  suffi- 
cient to  answer  the  judgment  here,  either  llallani 
opened  the  box  I  have,  and  took  that  writing  out, 
or  else  it  was  in  that  box  that  was  sent  by  the  ship 
thought  to  be  taken  by  the  French.  I  shall  do  all 
that  1  can  tor  your  service,  with  as  much  zeal  and 
industry  as  if  it  was  to  save  my  wife  and  my  fam- 
ily. In  a  months  time  I  shall  be  beared  I  suppose 
before  the  Queen  and  Councell,  by  my  Councill. 
As  to  your  3  great  causes,  the  matter  of  the  Indi- 
ans, the  particulars  of  the  complaints  of  Coll. 
Dudley,  and  the  2  appeals  of  Palmes's  ;  and  then 
you  will  knov/  your  doom.  I  have  ordered  the 
28 


326  Letter  from  Henry  Ashhursf, 

writing  out  of  80  folio  pages  of  Dudleys,  w'ch  he 
sent  over  to  the  Queen,  in  which  he  makes  a  very 
fair  show  of  justice,  but  reflects  upon  Mr.  Gurdin 
Saltonall*  upon  his  wilHngness  to  submitt  himself 
to  his  sensure.  I  wish  you  could  have  brought 
some  evidences  that  these  commissioners  with 
Dudley  were  interested  in  a  part  of  the  lands  in 
controversie,  which  would  have  done  all  for  them 
att  once.  However,  I  will  make  the  best  use  I 
can  of  the  papers  and  evidences  you  sent  me  to 
the  best  advantage.  I  am  very  much  concerned 
to  hear  that  you  do  so  ill  return  to  me  for  all  my 
services  as  to  suffer  my  first  bill  of  £140  payable 
to  Saywell  to  be  unpaid,  for  him  to  complain  for 
your  nonpayment  of  it  in  time.  I  hope  all  the 
bills  you  have  will  be  paid  before  the  reciet  of  this, 
which  you  promist  me  in  your  letters.  I  shall  not 
draw  any  more  bills  upon  you  till  towards  May. 
I  am  to  believe  when  there  is  anew  Governour  of 
New  England,  you  will  have  httle  need  of  my 
agency,  and  that  you  will  be  quiet  possessors  of 
your  religious  and  civill  interest.  I  am  on  Mun- 
day  to  meet  in  the  city,  the  Quakers  that  have  pro- 
cured an  order  from  councill  for  repealing  the  law 
you  made  against  them,  which  I  took  to  be  a  very 
extriordinary  order,  considering  you  were  in  pos- 
session of  your  own  charter,  but  the  hand  of  Job 
is  in  it,  I  mean  he  who  sent  over  a  great  sum  of 
gold,  taken  in  some  prize  ships,  by  which  he  sup- 
poses he  hath  secured  his  interest.  I  have  scarse 
time  to  say  more  ;  but  my  kind  respects  to  your- 

*  Gurdon  Saltonstall. 


Charges  against  Connecticut,  S^c.         327 

self  and  the  worthy  gentlemen  6f  the  Goverment. 
I  am  to  you  all  a  very  sincere  and 

Faithfull  Servant, 

HEN.  ASHHURST. 

Hon.  Major  Gen'll  John  Winthrop,  Governour 
of  the  Colony  of  Comiecticott. 


Charges  exhibited   against  the  proceedings  of  the 
Chaj^ter  Government  of  Connecticut, 

That  the  Government  of  Connecticut  does  not 
observe  ye  acts  of  trade  and  navigation,  but  coun- 
tenances the  violation  thereof,  by  permitting  and 
incouraging  of  illegal  trade  and  Piracy. 

That  ye  colony  of  Connecticut  is  a  receptacle 
of  Pirates,  who  are  iacouraged  and  harboured  by 
that  Government. 

That  ye  Government  of  Connecticut,  harbours 
and  protects  soldiers,  seamen  and  servants  that  de- 
sert from  other  her  Majesties  plantations,  and  will 
not  deUver  them  up  when  they  are  reclaimed,  they 
also  give  shelter  to  malefactors,  who  make  their 
escapes  from  other  parts,  without  delivering  them 
up  when  demanded,  and  that  great  numbers  of  the 
young  men  ^o  out  of  ye  colonies  of  the  Massa- 
chusetts Bay  and  New  York  (where  they  are  obli- 
ged to  pay  taxes  for  the  support  of  her  Majesty's 
Government  and  maintaining  the  war  ag'st  ye 
French  and  Indians)  to  Connecticut,  and  are  there 
entertained  and  induced  to  settle  chiefly  for  that  no 
taxes  are  raised  there,  for  those  necessary  purpo- 
ses. 


328         Charges  agctinst  Connecticut,  ^c. 

That  ye  colony  of  Connecticut  will  not  furnish 
their  Quota  towards  the  Fortifying  of  Albany  and 
assisting  New  York,  the  place  of  common  securi- 
ty for  all  those  parts,  nor  do  they  give  due  assist- 
ance in  ye  colony  of  ye  Massachusetts  Bay  against 
the  French  and  Indians. 

That  if  any  of  her  Majesty's  subjects,  not  be- 
ing inhabitants  of  this  colony,  sue  for  a  debt  in  ye 
courts,  they  can  have  no  right  done  them,  if  the 
defendants  be  of  that  colony. 

That  under  colour  of  their  charter,  they  try  rob- 
beries, murders  and  other  crimes,  make  capital 
laws  and  punish  with  death,  without  any  legal  au- 
thority for  the  same,  and  that  their  proceedings  in 
their  courts  of  judicature  are  very  arbitrary  and 
unjust. 

That  they  do  not  allow  of  the  laws  of  England 
to  be  pleaded  in  their  courts,  otherwise  than  as  it 
may  serve  a  turn  for  themselves. 

That  they  have  refused  to  allow  of  appeals  to 
her  Majesty  in  council,  and  give  great  vexation  to 
those  that  demand  the  same. 

That  ve  Government  have  refused  to  submit  to 
her  Majesty  and  his  Royal  Highness  comission  of 
Vice  Admiralty,  and  for  commanding  their  Mih- 
tia,  and  have  defeated  ye  powers  given  to  ye  Gov- 
ernors of  her  Majesty's  neighbouring  colonies  in 
yt  behalf. 

That  they  have  made  a  law  yt  no  christians 
who  are  not  of  their  community,  shall  meet  to 
worship  God,  or  have  a  Minister,  without  lycence 
from  their  Assembly,  which  law  even  extends  ta 


Letter  from  Gov,  Winthrop,  329 

ye  Church  of  England,  as  well  as  other  profess- 
ions tollerated  in  England.* 

By  order  of  the  Lords  Comm'rs  for  Trade  and 
Plantations. 

White  Hall,  April  the 1705. 


Copy  of  Letter  from  Gov.   Winthrop,  to  Sir  Hen- 
ry Ashhurst. 


New  London,  Aug't  2d,  1705. 


Honb'l  Sr- 


This  day  came  to  my  hands  y'r  letters,  with  an 
account  of  the  complaints  made  against  this  colo- 
ny by  the  Lord  Cornbury  and  Coll.  Dudley,  with 

*  The  above  charges  and  complaints  were  prepared  and  ex- 
hibited  by  Governor  Dudley  and  Lord  Co?  nbury.  Dudley  and 
his  abettors  had  laid  their  plans  with  great  art  and  intrigue  ; 
but  Sir  Henry  Ashhurst,  stood  firm  against  all  their  assaults  ; 
it  was  demonstrated  by  his  council  that  the  Colony  was  vested 
with  ample  powers  to  make  and  execute  laws  criminal  and 
capital,  as  well  as  civil.  With  respect  to  the  irregularity  and 
injustice  of  the  Courts,  it  was  urged  that  the  charges  were  gen- 
eral and  derived  from  hearsay  and  clamor,  and  that  no  particu- 
lar case  was  specified,  and  therefore  needed  no  reply.  And  in 
respect  to  the  complaint  that  Connecticut  did  not  furnish  her 
Quota  of  men  which  was  demanded  by  the  Governors  of  the 
neighboring  Colonies,  it  was  replied  that  by  their  Charter  they 
were  under  no  obligations  to  comply  with  those  demands, 
notwithstanding  they  were  able  to  show  that  they  had  the  last, 
and  the  present  year  between  five  and  six  hundred  men  in  actu- 
al service.  Four  hundred  of  this  number  had  been  employed 
in  the  defence  of  Massachusetts  and  New  York.  The  complaint^ 
that  Connecticut  harbored  deserters,  pirates  ^c.  was  not  sub.\ 
stantiated;  and  the  charges  in  general  were  not  sustained  by 
any  weight  of  evidence,  and  Dudley,  Cornbury  and  their  asso- 
ciates, were  frustrated  in  all  thoir  designs  against  the  Colony. 

*28 


330  Letter  from  Gov,  Winthrop, 

the  articles  drawn  up  ag't  us  out  of  those  com- 
plaints, so  that  it  is  not  possible  for  us  to  make  an- 
swer by  the  time  appointed,  which  is  now  almost 
expired  ;  neither  is  there  any  vessell  either  at  Bos- 
ton or  New  York,  bound  for  London ;  but  just 
now  hearing  of  a  small  Ketch,  bound  from  Boston 
for  the  North  of  England,  I  thought  it  necessary 
to  embrace  that  opportunity,  to  signifie  to  y'r 
Hon'r  that  the  Government  here,  will  with  all  pos- 
sible speed  make  answer  to  the  complaints,  and 
make  it  very  evident  that  there  is  not  the  least 
reason  for  any  such  charges  to  be  made  ag't  them  : 
but  on  the  contrary,  that  we  have  always  acted 
directly  contrary  to  what  we  are  accused  of  with 
relation  to  the  harbouring  of  pirates,  or  deserters, 
or  allowing  any  of  the  acts  of  trade  to  be  viola- 
ted, or  any  other  matters  therein  mentioned  by 
our  accusers  ;  and  that  we  have  never  failed,  with 
the  greatest  cheerfullness  to  express  our  allegi- 
ance to  her  most  sacred  Majesty,  and  our  readi- 
ness to  assist,  (far  beyond  our  Quota  stated  by  his 
late  Majesty  King  William  ye  3d,)  the  neighbour- 
ing provinces  of  York  and  Boston  for  their  sup- 
port ag't  the  enemy,  notwithstanding  the  heavy, 
but  groundless  complaints,  made  from  thence  ag't 
us. 

I  take  also  this  opportunity  to  add,  that  in  the 
case  of  Maj'r  Palmes's  appeals  :  the  court  of  as- 
sistants, not  judging  the  security  which  he  offered 
to  be  sufficient ;  the  persons  who  offered  to  be 
bound  for  him,  appearing  to  be  men  of  none,  or 
very  small  estate  :  I  conclude  those  appeals  will 
not  be  beared  ;  her  Majesties  order  in  councill,  re- 
quiring such  security  should  first  be  given  :  How- 
ever, by  the  first  direct  opportunity  to  London,  or 
any  other  Port  to  the  West  of  England,  I  shall 
send  «uch  an  account  of  those  cases  as  will  I  be- 


Letter  from  Gov.    Winthrop.  331 

lieve  demonstrate  that  he  has  every  jot  as  little 
reason  to  complain  of  injustice  as  Hallam  had  in 
his  appeall,  in  which  her  Majesty  was  pleased  to 
affirm  the  judghment  of  our  courts,  which  I  can- 
not do  now  ;  the  present  uncertain  opportunity  re- 
quiring so  much  hast.  In  the  greatest  hast,  and 
deepest  sence  of  yo'r  many  obligations  and  friend- 
ship, I  am  Hon'ble  Sr  yo'r  most  faythfull  humble 
Servant. 

J.  WINTHROP. 


Copy  of  a  Letter  from  GodW  Winthrop  to  Sir 
Henry  Ashhurst,  in  answer  to  the  charges  and 
complaints  against  the  Colony, 

New  London,  Aug.  2d,  1705. 
Honr'ble  Sr — 

Altho  ye  present  opportunity  by  ye  small  Ketch 
bound  for  ye  North  of  England  be  so  uncertain, 
yet  I  cannot  omitt  to  signifie  to  yo'r  Hono'r  yt  ye 
last  bill  of  exchange  of  £140  is  accepted  by  this 
Goverm't,  and  because  of  the  great  scarcity  of 
money  among  us,  they  sent  to  Capt.  Sewall  at 
Boston  to  engage  to  pay  interest  for  it,  till  ye  mon- 
ey may  be  furnished  to  ye  Treasurer.  I  am  very 
sensible  of  yo'r  constant  care  of  o'r  affairs,  and 
more  especially  at  this  juncture,  when  those  yt 
pretended  friendship,  endeavoured  by  private 
complaints,  and  as  fals  as  any  yt  could  be  devised, 
to  destroy  us  wth'out  sutfering  us,  (if  they  could 
have  prevented  it)  to  make  answer  for  o'rselves. 
Next  to  her  Majesties  justice,  wee  owe  it  to  yo'r 


332  Letter  from  Henry  Ashhursl. 

vigilance  yt  they  are  thus  far  frustrated.  The 
Govenn't  here  has  not  made  it  their  business  to 
enquire  after  irregularities  in  the  neighbouring 
provinces,  nor  shall  wee  alledge  ye  hard  things 
M^'ch  have  been  put  upon  this  Govr'mt,  from  either 
of  them,  tho  it  were  easy  for  us  to  complain  upon 
better  grounds  than  any  they  have  to  suppose 
themselves  injured  by  us,  who  have  been  at  seve- 
rall  thousands  of  pounds  charge  for  their  assist- 
ance both  of  New  York  and  Boston,  and  have  ev- 
er studiously  endeavoured  yt  they  should  not  have 
the  least  reason  to  complain  of  o'r  neighbourhood, 
but  I  know  not  whether  it  be  fitt  wee  should  al- 
ways be  silent,  who  meet  w'th  no  better  usage 
from  them,  that  we  are  so  care  full  to  shew  all 
possible  respect  to  o'r  Generall  Assembly,  w'ch 
will  shortly  convene,  will  upon  ye  perusall  of  yo'r 
letters,  be  very  sensible  of  y  V  obligations,  you  are 
increasing  upon  them,  and  be  most  ready  to  ac- 
knowledge it  to  their  utmost  abillities. 
I  am  your  most  Humble  Serv't, 

J.  WINTHROP. 


Letter  from  Sir  Henry  Ashhurst,  Agent  for  the 
Colony  of  Connecticut,  to  Gov'r  SaltonstalL 

London,  August  25th,  1708. 

Honourable  Sir: — 

I  had  yours  of  the  6th  of  January  last,  wrote  at 
the  desire  of  the  Generall  Assembly,  and  I  do 
with  great  sincerity  condole  with  you,  the  loss  of 


Letter  from  Henry  Ashhurst.  333 

that  excellent  Governour,*  your  immediate  pre- 
decessor, who  for  his  publick  spiritedness  and  zeal 
for  the  liberties  of  his  countrey,  when  one  so  near 
you  armed  with  power,  with  great  abillityes, 
great  dissimulation,  great  falseness,  had  endeav- 
oured with  great  art  to  rob  you  of  every  thing 
that  was  dear  to  you,  tho  some  considering  per- 
sons among  you  might  foresee  some  of  his  mali- 
cious designes ;  but  you  know  not  half  the  mis- 
chief that  was  designed  against  you.  Under  these 
difficulties  your  predecessor  showed  himself  a 
true  decendant  of  Romulus  his  grandfather,  the 
first  founder  of  Connecticott  colony.  And  since 
God  has  taken  him  from  you,  I  look  upon  it  as  a 
great  mercy,  that  one  in  some  respects  superior 
to  him  by  your  knowledge  in  divine  thmgs  fills  up 
his  room. 

There  is  some  good  spirit  or  genius  among  you, 
that  you  are  neither  cheated,  nor  affrighted  out  of 

your  liberties  and  religion.      The  axe   was    laid  to 

the  root  of  the  tree,  and  how  unworthy  am  I  to 
be  employed  in  defending  that  good  people  from 
slavery  and  the  greatest  oppressions.  I  would 
not  have  you  disturbed  about   your  taking  the 

^^— .^— ^■»li     I    ■■   I     ■IWJ.^ 

*  Fitz  John  Winthrop  ;  he  was  the  son  of  the  Honorable 
John  Winthrop,  the  first  Governor  of  Connecticut,  under 
the  Charter.  His  birth  was  at  Ipswich,  in  Massachusetts, 
1638.  Upon  the  assumption  of  the  Charter,  May  1689,  he 
was  chosen  into  the  Magistracy.  In  1690  he  was  appointed 
Major  Generall  of  the  land  army  desig-ned  against  Canada. 
On  the  dispute  relative  to  the  command  of  the  militia,  he 
was  sent  agent  for  the  colony,  to  the  British  court  1694, 
After  his  return,  May  1698,  he  was  elected  Governor,  and 
was  annually  reelected  during  his  life.  He  died  Nov.  27th, 
1707,  in  the  69th  year  of  his  age. 

He  appeared  to  have  been  a  gentleman  of  popularity,  and 
to  have  sustained  a  character  without  blemish. — Trum^  Hist^ 
Conn.,  Vol.  i.  p.  431, 


334  Letter  from  Henry  Ashhurst. 

Government,  when  you  are  once  extricated  out 
of  your  difficulties  by  the  removal  of  a  certain 
person  from  a  neighbouring  Government,  youM 
find  your  country  in  rest,  living  in  the  fear  of  God 
and  comforts  of  the  Holy  Ghost ;  you  may  then 
think  of  returning  to  your  former  calling,  but  at 
present  you  must  be  the  Moses,  and  as  the  Arch 
Bishop  Tillotson  told  me  that  he  would  not  have 
undertaken  that  great  employment,  but  upon  the 
Kings  promise  of  leave  to  lay  it  down,  as  soon  as 
setled  in  his  Kingdoms.  You  speak  of  a  letter 
\xritten  to  me  of  the  countreys  concerns,  but  that 
I  never  received ;  also  what  you  writ  about  a 
commission  of  enquiry  relating  to  the  Mohegan 
Indians.  I  make  it  my  business  with  all  my  in- 
terest to  keep  that  matter  quiet.  Alas  !  Sr,  I  can 
no  more  hope  to  have  those  persons  you  name, 
Judges,  than  to  have  you  Chief  Justice  of  Eng- 
land. You  have  now  the  mercy  of  an  honest 
Lord  cuiiiing  near  you.  If  I  can,  I  should  be 
contented  to  have  it  refered  to  him ;  tis  my  Lord 
Lovelace,  Governour  of  New  York.  I  desire 
you  would  depute  some  of  your  company  to  wait 
on  him,  and  deliver  him  the  inclosed,  and  make 
him  some  small  present.  He  is  a  man  of  honour, 
and  he  will  use  you  justly.  His  Secretary,  Mr. 
Cockrill,  is  I  believe,  a  ver}^  honest  man  and  you 
may  trust  him.  I  desire  you  would  present  to 
the  Queen,  a  very  handsome  address  to  congrat- 
ulate the  good  success  of  her  arms  against  the 
French,  and  to  take  notice  of  the  Duke  of  Marl- 
borow,  her  General,  and  also  to  write  a  letter  to 
the  Duke  of  Marlborow  to  congratulate  him,  and 
to  pay  his  kindness  to  your  country,  and  that  he 
would  employ  his  great  interest,  that  you  may 
not  be  opprest  by  any  Governour  of  Massachu* 
setts,  in  New  England,  or  by  any  Governour  of 


Letter  from  Henry  Ashhiirst.  335 

New  York,  as  you  have  been  by  Col.  Dudley  in 
New  England,  and  my  Lord  Cornbury  in  New 
York.  And  likewise  the  Earl  of  Sunderland  to 
the  same  purpose,  who  is  the  Secretary  to  whom 
the  care  of  the  plantations  belongs.  And  also  a 
letter  to  the  Duke  of  Bedford,  and  take  notice  in 
it  that  his  grandfather  the  great  Earl  of  South- 
ampton the  Lord  Treasurer  was  founder  of  your 
colony.  His  name  was  Wriothesley,  the  Dukes 
Christian  name.  Your  brother  Nath'l  is  steward 
to  Mrs.  Rowland,  the  Dukes  mother-in-law,  and 
take  all  your  wise  men  together  to  draw  up  these 
letters :  and  thoroughly  and  fully  set  forth  your 
hardships  about  the  Mehugan  Indians,  and  of 
Dudleys  proceedings  at  Stonington,  and  that  it 
was,  as  truly  it  is,  a  contrivance  of  Dudley's  t® 
rob  you  of  your  estates,  and  also  set  out  the  false- 
ness of  his  complaint  to  the  Queen  and  Councell 
about  your  not  contributing  to  the  charge  of  the 
war,  when  by  his  letter  of  the  same  date  to  you, 
he  thanks  you  for  the  greatness  of  your  supplyes, 
and  that  you  had  actually  been  at  ten  thousand 
pounds  charge  for  the  support  of  the  war  in  two 
years  time,  when  your  whole  countrey  has  not  in 

running  cash  pounds  in  it.     Put  all  these 

letters  and  memorials,  under  your  common  seal, 
either  under  a  flying  seal,  or  else  send  me  dupli- 
cates, that  I  may  know  what  is  in  them,  and  take 
notice  that  you  send  them  to  me  as  your  publick 
agent,  and  also  beg  her  Majesty,  that  she  would  not 
put  her  loyal  colony  to  charge  in  receiving  any  ac- 
cusation against  them,  so  as  to  proceed  upon  it, 
without  giving  you  liberty  to  answer  for  your- 
selves. And  when  you  have  got  all  these  address- 
es and  papers  redy,  send  'em  to  me  as  your  agent, 
and  write  another  letter  to  the  Duke  of  Somerset, 
to  thank  him  for  the  kindness  he  has  shown  you, 


336  Letter  from  Henry  Ashhurst. 

and  another  to  the  Duke  of  Devonshire,  and  take 
notice  of  the  great  services  his  Father  has  done 
you.  Send  all  these  by  a  special  messenger  to 
Mr.  Cockrill,  my  Lord  Lovelace's  Secretary,  and 
desire  him  to  send  them  to  me.  I  am  very  glad 
that  my  pains  and  services  are  accepted  by  you. 
And  if  I  did  not  like  the  imployment  I  would  not 
impair  my  health  and  spend  my  money  and  my 
precious  time  to  watch  all  the  motions  of  your  vi- 
gilant enemies  from  my  own  pleasant  seat  and 
family.  But  I  serve  a  good  God  in  a  glorious 
cause,  and  so  I  go  on  chearfully.  I  desire  inyour 
next  you'd  send  me  your  body  of  laws,  the  num- 
ber of  your  inhabitants  as  near  as  you  can,  ye 
number  of  vour  Ministers  and  Parishes,  and  the 
names  of  the  most  considerable  Ministers,  the  ex- 
tent of  your  colony,  and  how  conversions  to  seri- 
ous religion  goeth  forward.  I  have  inquired  about 
the  acts  of  trade  and  navigation  and  there  are  no 
new  books  of  rates  made  since  the  union.  And 
I  would  have  you  have  as  little  to  do  with  Eng- 
land as  you  can.  And  therefore  if  the  com  mis- 
sioners  of  the  Custom  House  send  you  a  Naval 
officer,  they  must  pay  him  his  salary  and  appoint' 
security  to  be  taken  ;  but  if  the  commissioners  of 
the  Custom  House  do  not  appoint  any  such  offi- 
cer, you  may  do  it  yourselves  by  vertue  of  your 
charter.  You  must  be  sure  to  keep  close  to  that, 
and  there  you  are  safe  and  strong.  Be  sure  in 
your  addresses  to  the  Queen  you  tell  her  that  be- 
fore Dudley  came  into  New  England  Governour 
there  were  no  complaints  airainst  vou  ever  since 
you  were  a  colony,  or  any  acts  of  injustice,  or  any 
disaffection  or  disrespect  to  the  Kings  and  Queens 
of  England,  which  you  abhor,  and  only  pray  that 
you  -may  have  the  liberty  to  pray  for  her  Majes- 
ty's long  hfe  and  happy  Reign,  and  that  you  may 


Letter  from  Hemy  Ashhiirsl.  S3^ 

peaceably  enjoy  the  priviledges  granted  by  Char- 
ter to  your  colony  by  her  Majestys  Royal  prede* 
cessors,  I  dont  doubt  but  you  have  paid  the  bills 
drawn  on  your  late  Governour  John  Winthrop 
Esqr,  the  last  year,  and  that  you  will  pay  the  bill;? 
I  have  now  drawn  upon  you  for  a  hundred  and 
sixty  pound  New  England  money,  and  twenty 
pound  to  Mr.  Noyse  beside  the  exchange.  Con- 
sidering  your  poverty,  this  is  all  I  shall  draw  upon 
you  for  my  salary  and  expences  this  year,  which 
have  been  very  great.  You  must  also  write  a 
complimenting  letter  to  the  Lord  High  Treasurer, 
who  is  at  present  the  great  Minister  of  State,  to 
thank  him  for  the  service  he  has  done  you,  and  to 
pray  the  same  things  as  you  do  to  my  Lord  Marl- 
borow.  My  very  humble  service  to  yourself,  your 
Deputy  Governour,  the  Councell  and  Representa- 
tives, and  I  am  with  great  respect, 

Yo'r  very  affectionate  and  Humble  Servant, 

H.  ASHHURST. 

To  his  Excellency  Gordon  Saltingstall  Esqr,  and 
to  the  Lieutenant  Governor,  Councell  and  Repre- 
sentatives of  Connecticott. 

In  y'r  letters  to  my  I^ord  Sunderland,  her  Ma- 
jesties principall  Secretary  of  State,  you  are  to 
take  notice  to  him,  that  I  do  you  the  honour  to  be 
y'r  publick  Agent :  And  that  if  his  Lordship  has 
any  matters  before  him  relating  to  you,  to  pray 
him  that  he  would  be  pleased  to  communicate  them 
to  me  as  your  Agent. 


29 


338  An  Act  of  General  Asseinbli/, 


A  General  Assembly  holden  at  New  Haven,  Octo* 

her  14^/^,  1708. 

It  is  ordered  and  enacted  by  this  Assembly, 
that  there  shall  be  allowed  and  paid  out  of  the  pub- 
lick  Treasury  of  this  colony,  the  sum  of  fifty 
pounds  in  pay,  for  the  bringing  up  and  maintain- 
ing of  doggs  in  the  northern  frontier  towns  in  this 
colony,  to  hunt  after  the  Indian  enemy,  and  be 
improved  and  ordered  for  that  end,  by  the  comit- 
tee  of  warr  in  the  county  of  Hartford,  according 
to  their  discretion,  as  soon  as  may  be,  who  are  to 
procure  as  many  doggs  as  that  money  will  allow, 
to  be  always  ready  for  the  colony's  service  against 
the  comon  enemv. 

It  is  ordered  and  enacted  by  this  Assembly,  that 
the  comittee  of  warr  in  the  county  of  Hartford, 
shall  cause  to  be  erected  in  the  towns  of  Wind- 
sor, Farmington,  Simsbury  and  Waterbury,  so 
many  garrisons  as  they  shall  judge  needfull,  and 
support  them  with  men  and  provisions  as  there 
shall  be  occasion  ;  the  garrisons  to  be  erected  at 
the  charge  of  the  colony,  or  else  of  the  respect- 
ive towns,  as  the  said  comittee  shall  order,  provi- 
ded always  that  there  shall  be  but  two  garrisons 
at  Simsbury,  and  two  at  Waterbury,  erected  at  the 
colony  charge. 

It  is  ordered  and  enacted  by  this  Assembly,  that 
the  Hon'ble  Dept.  Governour,  shall  cause  to  be 
erected  such  and  so  many  garrisons  at  Woodbury, 
Danbury  and  Weantenuck,*  and  support  them 
with  men  and  provisions  as  he  shall  judge  neces- 
sary, at  the  colony's  charge,  provided  there  shall 
not  be  any  other  then  two  garrisons  at  Woodbury 
and  one  at  Danbury,  erected  at  the  colony's  charge. 

*NewMilford. 


Letter  from  Queen  Anne.  339 

It  is  ordered  and  enacted  by  the  Governour  and 
Council  and  Representatives  in  General  I  Court 
assembled,  and  by  the  authority  of  the  same,  that 
no  person  or  persons  whatsoever,  within  this  col- 
ony, upon  any  pretence  whatsoever,  shall  furnish, 
lend  or  sell  to  any  of  our  friend  Indian  or  Indians, 
any  gun  for  any  time  longer  or  shorter,  on  pain  of 
forfeiting  such  gun  so  lent  or  sold,  or  the  full  val- 
ue thereof,  upon  conviction  of  the  offence,  before 
any  one  assistant  or  Justice  of  the  Peace,  or  Court 
of  Judicature  within  this  colony.  And  it  is  fur- 
ther enacted  by  the  authority  aforesaid,  that  all 
and  every  person  and  persons  whatsoever  within 
this  colony,  who  hath  or  have  any  gun  or  guns  in 
the  hands  of  any  of  the  said  Indians,  which  is  or 
was  lent  to  them,  shall  speedily  recover  and  get 
the  same  out  of  their  hands,  on  pain  of  forfeiting 
the  same  gunns  as  aforesaid.  And  all  such  for- 
feitures, shall  be  and  belong  to  the  Treasury  of  the 
countv,  wherein  the  offence  is  or  shall  be  comited. 


Letter  from  her  Majesty  Queen  Anne, 

Anne  R. 

Trusty  and  well  beloved,  we  greet  you  well, 
whereas  we  are  fitting  an  expedition  with  great 
expence  for  the  security  of  our  subjects  under 
your  Government  trom  the  neighbourhood  of  the 
French  at  Canada,  which  hath  been  very  trouble- 
som  to  them  of  late  years,  according  to  certain 
proposals  laid  before  us  by  our  trusty  and  well  be- 
loved Colonel  Vetch,  and  pursuant  to  many  appli- 


340  Letter  from  Queen  Anne. 

cations  that  jiave  been  made  to  us  by  our  subjects 
who  have  suffered  very  much  from  the  French  in 
that  neighbourhood.  We  do  hereby  strictly  re- 
quire and  command  you  to  be  assisting  to  this  our 
expedition,  after  the  manner  that  the  said  Colonel 
Vetch  shall  propose  to  you  in  our  name,  and  that 
you  look  upon  those  parts  of  his  instructions 
which  relate  to  you  and  to  the  Government  under 
your  care,  and  which  we  have  ordered  him  to 
communicate  to  you  in  the  same  manner  as  if  they 
were  our  positive  commands  directed  to  yourself, 
and  that  you  pay  the  same  obedience  to  them. — - 
And  so  we  bid  you  farewell. 

Given  at  our  Court  at  St.  James,  the  second 
day  of  March,  1708-9,  in  the  seventh  year  of  our 
Reign.* 

By  her  Majesties  command, 

SUNDERLAND. 

To  our  Trusty  and  well  beloved,  the  Govem- 
our  of  our  Colony  of  Connecticut,  or  to  the  Gov- 
ernour  of  our  said  Colony  in  America  for  the 
time  being. 

*  This  letter  was  laid  before  the  General  Court  the  12th 
of  May  1709,  with  other  information,  that  her  Majesty  was 
fitting- out  a  squadron,  which  it  was  desig-ned  should  arrive 
at  Boston  in  the  month  of  May  or  June,  with  about  four 
thousand  land  forces  to  assist  in  the  reduction  of  Canada. — 
Connecticut  was  required  to  raise  350  men  to  join  the  expe- 
dition. The  Colonies  eastward  of  Connecticut  were  requi- 
red to  raise  1200  men  ;  the  Colonial  Governments  were  di- 
rected to  furnish  provisions  for  the  troops  for  three  months 
service.  The  army  was  to  proceed  by  the  way  of  the  Lakes 
Georg-e  and  Cham  plain,  and  make  a  descent  upon  Montreal 
and  Quebec.  Connecticut  raised  their  Quota  with  the 
greatest  expedition.  Col.  Whiting'  was  appointed  to  com- 
mand them — the  troops  from  the  eastward  were  ready  in 
season,  and  before  the  first  of  June  the  Provincials  were 
ready  to  march    for  Canada.    Gen.  Nicholson    formerly 


An  Act  of  General  Assembly,  341 


At  a  General  Assembly  and  Court  of  Election  be- 
gun  and  holden  at  Hartford,  in  her  Majesties 
Colony  of  Connecticut,  in  New  England,  on  the 
\2th  day  of  May,  in  the  eighth  year  of  the 
Reigneof  our  Sover eigne  Lady  Anne,  Queen 
of  Great  Brittain  <^c.,  Annoq.  Domini  1709. 

By  order  of  the  Honnourable  the  Governour, 
the  Gent,  members  of  both  Houses  being  mett  to- 
gether, the  Governour  caused  severall  letters  and 
writings  to  be  read  before  them,  that  is  to  say,  a 
letter  from  Sr  Henry  Ashhurst,  Agent  of  this  col- 
ony, bearing  date  August  25th  1708,  and  a  letter 
sent  to  the  said  Agent,  bearing  date  January  28th, 
1708-9,  and  the  Hon'ble  the  Governour,  now  also 
laid  before  the  Assembly,  a  letter  to  him  directed 
and  sent  from  her  Majestic,  our  Sovereigne  Lady 
the  Queen,  bearing  date  the  2d  day  of  March, 
1708-9,  requireing  the   assistance  of  her  subjects 

Lieut.  Governor  of  New  York,  was  appointed  to  the  chief 
command,  with  orders  to  march  as  far  as  Wood  Creek  ;  and 
there  to  wait  the  arrival  of  the  Fleet  at  Boston,  and  then  to 
advance,  in  order  that  the  attack  upon  Quebec  and  Montre- 
al might  be  made  at  the  same  time.  The  Colonies  had 
made  great  exertions  to  promote  the  expedition  ;  more  than 
two  hundred  boats  had  been  built  and  were  in  readiness  for 
crossing-  the  Lake.  But  the  Fleet  expected  from  England 
did  not  arrive — owing  to  some  reverses  of  the  English  allies 
in  Europe,  the  expedition  designed  for  America,  sailed  for 
another  destination,  and  the  expedition  was  defeated.  A 
great  mortality  prevailed  among  the  troops,  and  in  the  fall 
Gen.  Nicholson  with  the  troops  returned  to  Albany ._  More 
than  one  fourth  of  the  troops  died  in  this  fruitless  expedition. 
Connecticut  sustained  the  loss  of  ninety  men.  At  a  special 
session  of  the  Assembly,  on  the  8th  of  June,  it  was  enacted, 
that  for  want  of  money,  there  be  forthwith  imprinted  £8000 
in  bills  of  credit  on  the  Colony,  to  assist  in  carrying  on  the 
expedition.  This  was  the  first  emission  of  paper  currency 
m  Connecticut. 

29* 


342  An  Act  of  General  Assembly, 

in  this  colony,  in  an  expedition  now  forthwith  to  be 
made  against  the  French  at  Canada,  according  to 
her  Majesties  instructions  to  the  Hon'ble  Col. 
Vetch  relating  thereunto,  directing  and  comand- 
ing  that  350  men  be  raised  in  this  colony,  and 
sent  upon  the  said  expedition ;  and  the  Governor 
recomended  the  consideration  of  the  said  letter 
and  instructions  to  this  Assembly  ;  and  the  same 
was  considered  accordingly — and  thereupon  the 
Governour,  Councill  and  Representatives,  now  in 
General  Court  Assembled,  having  a  very  deep 
sence  of  her  Majesties  Royal  favour,  in  resolveing 
upon  the  said  expedition  against  Canada,  out  of 
special  favour  to  this  colony,  with  the  neighbour- 
ing provinces,  which  have  suffered  so  greatly  by 
the  French  of  that  settlement  (which  they  do  here- 
by agree  and  order  to  be  humbly  presented  to  her 
Majestic,  in  an  address  for  that  end,  prepared  and 
signed  by  the  Governour  and  Secretary  in  their 
names)  have  resolved  and  do  hereby  resolve  and 
enact,  with  all  possible  dispatch,  to  comply  with 
that  part  of  her  Majesties  instructions  accompa- 
nying the  said  letter,  which  concerns  this  colony, 
and  to  joyne  forthwith  the  forces  of  New  York, 
Newjersey  and  Pensilvania  with  350  men,  (that 
being  the  quota  of  men  in  this  colony,  mentioned 
in  the  instructions  aforesaid)  with  whom  the  Gov- 
ernour shall  send  some  sutable  person  of  this  col- 
ony, to  take  a  general  care  of  them,  who  shall  be 
subsisted  at  the  charges  of  this  colony,  and  main- 
tained in  their  pay ;  the  executing  of  which,  this 
Assembly  doth  leave  with  the  Honnourable  the 
Governour  and  Councill ;  for  whose  furtherance 
and  assistance  therein,  this  Assembly  have  agreed 
upon  a  body  of  conclusions  now  to  be  delivered 
to  them. 


An  Act  of  General  Assembly,  343 

An  address  to  her  Majestie,  relating  to  the  ex- 
pedition against  Canada,  signed  by  the  Hon'ble 
the  Governour  and  Secretary,  in  the  name  of  this 
Assembly,  and  also  a  body  of  conclusions  for  the 
assistance  of  the  Governour  and  Councill  in  the 
managin  the  said  expedition,  so  far  as  this  colony 
is  concerned  therein,  was  now  drawn,  read,  con- 
sidered and  approved  in  this  Assembly,  whereof 
true  copies  are  by  this  Assembly,  ordered  to  be 
kept  on  file. 

It  is  ordered  and  enacted  by  the  Governour, 
Councill  and  Representatives  in  Generall  Court 
assembled,  and  by  the  authority  of  the  same,  that 
there  shall  be  allowed  and  paid  out  of  the  Publick 
Treasury  of  this  colony,  to  all  private  centinells, 
as  well  volunteers,  as  such  as  are  or  shall  be  im- 
pressed (who  shall  be  employed  and  go  into  her 
Majesties  service,  on  the  expedition  against  Cana- 
da) within  this  colony,  the  sum  of  two  shillings 
and  sixpence  pr  day  in  pay,  for  their  wages,  for 
every  day  of  the  week,  from  the  time  they  are  list- 
ed or  impressed,  untillthey  shall  be  dismissed  from 
that  service,  and  that  there  shall  be  allowed  and 
paid  out  of  the  said  Treasury,  to  all  officers  within 
this  colony,  as  well  volunteers  as  others,  who  shall 
go  upon  said  expedition,  additions  to  their  wages 
of  centinells,  any  law  to  the  contrary  notwith- 
standing. 

It  is  ordered  and  enacted  by  the  authority  afore- 
said, that  whatsoever  shall  be  necessary  for  the 
comfortable  subsistence  of  our  troops,  who  are 
now  going  on  the  expedition  against  Canada,  such 
as  Duffells  or  other  cloath  &c.,  which  cannot  be 
procured  in  this  colony,  shall  be  taken  up  (by  or- 
der from  the  Governour  and  Councill)  in  any  other 
province,  and  shall  be  charged  upon  this  colony, 
and  paid  for  by  the  Treasurer  of  the  same. 


344        Conclusions  in  General  Assembly, 

Conclusions  agreed  upon  in  the  General  Assembly 
held  in  Hartford,  May  12,  1709,  relating  to  the 
expedition  to  Canada  now  to  he  pursued,  for  the 
assistance  of  the  Gov'r  and  Councill  in  the  fur- 
ther managing  and  expediting  that  affair, 

1.  That  the  Governour,  when  he  comes  to 
New  York,  whither  he  is  now  going,  endeavour  to 
obtain  a  generall  command,  for  some  gentleman 
of  our  own  Government  to  be  appointed  by  our 
Gov'r  and  Council),  to  go  to  Canada ;  that  our 
troops  may  be  under  his  particular  eye  and  care. 

2.  That  the  Indians  in  our  Government,  be 
incouraged  to  go,  by  allowing  them  arms,  ammu- 
nition and  wages,  at  her  Maj'ties  charge. 

3.  That  it  be  concerted  and  agreed,  in  case 
Canada  should  be  reduced,  that  none  of  our  soul- 
diers  be  obliged  to  ,stay  in  garrison  there,  but 
have  leave  to  return. 

4.  That  bread  be  procured  at  Albany  or  New 
York,  and  our  wheat  exchanged  for  it. 

5.  That  a  sloop  be  sent  forthwith  to  New 
York  for  arms  and  ammunition  out  of  her  Maj'ties 
stores. 

6.  That  we  be  exempted  out  of  the  charge  of 
the  store  house  to  be  erected  at  Wood  Creek, 
which  will  be  of  constant  use  to  New  York,  and 
no  benefit  to  us  as  toe  this  expedition. 

7.  That  the  provisions  necessary  for  our  for- 
ces, be  taken  where  they  shall  be  cheapest  had  in 
the  colony,  and  most  for  the  advantage  of  the 
Government. 

8.  That  372  men  be  raised  out  of  the  train 
bands  in  the  severall  towns  underwritten,  and  in 
the  proportion  added,  out  of  which  350  effective 
men  only  to  go  in  ye  expedition. 


Conclusions  in  General  Assembly.         345 

9.  That  a  Captain,  Physician,  and  chirurgeon 
be  provided  and  furnished  to  march  with  our  men. 

10.  That  our  men  shall  be  raised  forthwith  by 
a  warrant  from  the  Gov'r  to  the  severall  Captains, 
to  impress  their  proportions  of  men,  and  have 
them  completely  fitted  and  march  them  immedi- 
ately to  their  County  Towns,  or  otherwise  as  the 
Gov'r  shall  order,  there  to  be  billeted  anrl  under 
the  command  of  the  Captains  of  the  said  County 
Towns,  or  other  chief  military  officers  in  the  said 
Towns,  till  further  orders  from  our  Gov'r.  Such 
men  as  have  no  good  arms,  of  their  own,  shall  be 
furnished  with  arms  and  ammunition,  out  of  stores 
already  provided. 

11.  The  proportion  of  our  Troops  to  be  raised 
in  our  severall  Towns  are  as  follows — 

Hartford,  22  Haddam  E  ist  side,  6 

N.  Haven,  17  Haddam  West  side,  5 

Windsor,  22  Darby,  4 

Weathersfield,  16  Fairfield,  13 

Glassenbury,                                6  Simsbury,  6 

Milford,  14  Woodberry,  7 

Guilford,  13  Preston,  7 

N.  London,  16  Groton,  9 

Wallingford,  12  Saybrook,  11 

Waterbury,                                   4  Stamford,  9 

Killingworth,                               5  Windham,  6 

East  Haven,                               5  Norwich,  13 

Greenwich,  and                               Lebanon,  11 

Horsneck,                                    6  Stonington,  13 

Lym3,  11  Danbury,  5 

Stratford,  11  Plainfield,  5 

Norwalk,  10  Farmingtown,  H 

Colchester,                                   7  Durham,               ,  2 

Middletown,  13  Mansfield,  2 

Branford,                                      9  Caijiterbury,  2 

Massamuget,*                              3  Kellenslie,t  3 

12.  That  if  any  thing  not  provided  for  in  these 
conclusions,  and  for  the  service  of  the   expedition, 

*Pomfret, 
tKiUingly, 


346         Conclusions  in  General  Aseemhly, 

and  for  the  advantage  of  this  Government,  can  be 
done  at  New  York,  whither  the  Gov'r  is  now  go- 
ing ;  it  is  hereby  recommended  to  his  care, 
past  in  the  lower  House. 

Test  Richard  Bushnell,  Clerk. 
May  13th,  1709. 

past  in  the  Upper  House. 

Test  Caleb  Stanley,  Secretary. 
May  13th,  1709. 

A  scheme  of  the  stores  of  Provisions   S^c.  necessa- 
ry for  360  men,  for  four  months, 

40,003  lbs.  of  Bread,  being  1  lb.  a  man  a  day. 

Ill  Barrels  of  Porke,  w'ch  is  halfe  a  pound  a 
day  for  a  man. 

340  Bushels  of  Pease  w'ch  is  1-2  pint  a  day  for 
300  men.x 

120  Bushels  of  Indian  Corn,  w'ch  is  a  pint  a  day 
for  60  Indians. 

1488  Gall's  of  Rum,  w'ch  is  1  gill  a  day  for  a 
man. 

11  thousand  wt.  of  Beef,  w'ch  is  1-4  pound  a 
day  for  a  man. 

900  yds.  of  Duffels,  of  w'ch  we  have  of  ye  old 
store  at  Boston  about  100  yds.;  and  at  N  London 
15  yds. 

300  Snap  sacks  for  the  English,  supposeing  ye 
Indians  will  use  baggs  of  their  own. 

300  Baggs  for  the  carrying  3-4  of  the  above 
quantity  of  bread  from  Albany,  of  w^'ch  there  are 
already  some  at  New  Haven,  and  some  at  Coll. 
Whitings  at  Hartford,  and  there  are  at  N.  Lon- 
don 15  baggs  and  49  bed  sacks  w'ch  will  make 
98  baggs. 

8000  wt.  of  Tobacko. 


An  Act  of  General  Assembly.  347 

w 

At  a  General  Assembly  holden  at  New  Haven,  the 
ISth  day  of  October,  1709. 

An  act  for  stating  and  settling  the  wages  of  di- 
vers officers  and  centinells,  in  the  Expedition 
against  Canada,  this  present  year  1709,  and  for 
ascertaining  the  allowances  for  Billetting  of  offi- 
cers and  soldiers,  (fee. 

It  is  enacted  and  ordained  by  the  Governour, 
Councill  and  Representatives,  in  Genei  all  Court 
Assembled,  and  by  the  authority  of  the  same,  that 
there  shall  be  allowed  and  paid  out  of  the  publick 
Treasury  of  this  Colony  to  the  severall  Captains 
and  other  officers  and  private  centinells  hereafter 
mentioned  for  the  service  in  the  Expedition  against 
Canada. 

To  each  Captain,  by  the  week,  £1 

To  each  Lieutenant,  by  the  week,  1 

To  each  Serjeant,  by  the  week,  0 

To  Clerks,  Trumpeters  and  Drummers, 

by  the  week,  0 

ToCorporalls  and  centinells,  by  the  week,  0 
To  Mr.  Adjutant  Goodrich  by  the  week,  1 
and  it  is  ordered  and  enacted  by  the  authority 
aforesaid,  that  there  shall  be  allowed  and  paid  to 
all  such  persons  as  have  furnished  the  forces,  with 
Horses  in  the  said  expedition  (to  such  number  as 
were  allowed  to  each  company,  by  the  Governour 
and  Councill)  for  the  service  of  their  said  Horses, 
one  shilling  and  four  pence  pr.  week,  as  money 
for  each  Horse,  and  for  each  Horse  dead  or  lost, 
in  the  said  service,  the  value  of  such  Horse  as 
money,  according  as  shall  be  determined  by  the 
judgment  of  two  indifferent  men  upon  oath,  who 
knew  the  worth  or  value  of  the  Horse,  to  be  ap- 
pointed and  sworn  by  the  next  assistant,  or  Justice 
of  the  Peace,  and  that  there  shall  be  allowed  and 


9 

2 

3 

4 

14 

7 

12 

0 

11 

8 

9 

2 

348  An  Act  of  General  Assemhly* 

paid  to  all  such  persons  as  have  furnished  the  foi-- 
ces  with  arms,  saddles,  bridles,  or  any  other  tack- 
ling for  horses,  or  other  things  whatsoever,  for  the 
use  and  service  thei^of,  so  much  as  is  the  valine 
of  the  damage  don  to  the  same  ;  and  in  case  any 
such  arms,  furniture  or  other  things  is  lost,  or  shall 
be  lost,  wholly  spoiled  or  not  returned,  there  shall 
be  allowed  and  paid  to  the  owners  thereof,  the 
valine  of  such  arms,  furniture  or  other  things,  as 
money,  to  be  sett  thereon  according  to  the  direc- 
tion of  an  act  of  this  Assembly,  made  for  that 
purpose,  October  12th,  1704.  Provided  always, 
that  the  owners  of  such  horses,  as  are  dead,  or 
shall  die  upon  the  expedition,  or  be  lost  and  not 
returned,  shall  be  paid  only  the  valine  of  such  hor- 
ses, to  be  determined  and  sett  as  aforesaid,  and  no 
wages  or  pay  for  their  service. 

And  it  is  further  enacted  by  the  authority  afore- 
said, that  there  shall  be  allowed  and  paid  to  all 
such  persons  as  have  billetted  or  victualled  any  of- 
ficers or  soldiers,  upon  the  said  expedition,  and 
who  shall  so  do,  the  sum  of  three  pence  pr  meal 
as  money,  but  in  such  case,  where  any  of  the  said 
officers  and  soldiers  were  billetted  or  victualled, 
one  whole  weeks  time  or  more,  there  shall  be  al- 
lowed and  paid  three  shillings  and  four  pence  pr 
week,  as  money,  and  at  that  rate  for  the  same,  and 
no  more,  and  that  there  shall  be  allowed  and  paid 
for  pastureing  or  keeping  horses  upon  the  said  ex- 
pedition, three  pence  pr  night,  or  twenty-four 
hours,  for  each  horse,  and  where  any  such  horse 
hath  been,  or  shall  be  pastured  or  kept,  one  whole 
week  or  more,  there  shall  be  allowed  and  paid  but 
eight  pence  pr  week,  as  money,  and  at  that  rate 
for  the  same. 


Questions  to  the  Colony^  349 


Gentlemen  : — 

My  Lords  Commissioners  for  trade  and  planta- 
tions command  me  to  send  you  the  enclosed  que- 
ries, relating  to  the  colony  of  Connecticut,  and  to 
desire  your  particular  answers  thereto  as  soon  ^s 
may  be. 

I  am        ALVERD  POPPLE. 

1.  What  is  the  situation  of  the  colony  under 
your  Government,  the  nature  of  the  country,  soile 
and  climate,  the  latitudes  and  longitudes  of  the 
most  considerable  places  in  it,  have  those  latitudes 
and  longitudes  been  settled  by  good  observations, 
or  'only  by  common  computation;  and  from 
whence  are  the  longitudes  computed  ? 

2.  What  are  the  reputed  boundaries,  and  are 
any  parts  thereof  disputed,  what  parts  and  by 
whom  ? 

3.  What  is  the  constitution  of  the  Government  ? 

4.  What  is  the  trade  of  y'r  colony,  the  num- 
ber of  shiping,  theire  tonage,  and  the  number  of 
seafaring  men,  with  the  respective  increase  or  di- 
minution within  ten  years  past  ? 

5.  What  quantity  and  sorts  of  Brittish  manufac- 
tures do  the  inhabitants  annually  take  from  home  ? 

6.  W  hat  trade  has  the  •  colony,  under  your 
Government  with  any  forreign  plantations,  or  any 
part  of  Europe,  besides  Brittain,  how  is  that  trade 
carried  on,  what  commodities  do  the  people  under 
vour  Government  send  to,  or  receave  from  for- 
reign  plantations  ? 

7.  What  methods  are  there  used  to  prevent  il- 
legal trade,  and  are  the  same  effectuall  ? 

8.  What  is  the  naturall  produce  of  the  coun- 
try,  staple  commodities  and  manufactures,  and 

30 


SoO         Answers  to  foregoivg  Questions, 

what  vallue  thereof  in  sterling  money,  may  you 
annually  export  ?  ♦ 

9.  What  mines  are  there  1 

10.  What  is  the  number  of  inhabitants,  whites 
and  blacks,  and  are  the  inhabitants  increased  or 
decreased,  within  the  last  ten  years,  how  much 
and  for  what  reason  ? 

11.  What  is  the  niimber  of  the  Millitia? 

12.  What  Forts  and  places  of  defence  are 
there  within  your  Government,  and  in  what  condi- 
tion ? 

13.  What  number  of  Indians  have  you,  and 
how  are  they  inclined  ? 

14.  What  is  the  strength  of  the  neighbouring 
Indians  ? 

15.  What  is  the  strength  of  the  neighbouring 
Europeans,  French  or  Spaniards  ? 

16.  What  effect  have  the  French  or  Spanish 
settlements  on  the  continent  of  America,  upon  his 
Majesties  plantations,  especially  on  youre  colony  ? 

17.  What  is  the  Revenue  arising  within  youre 
Government,  and  howe  is  it  appropriated  ? 

18.  What  are  the  ordinary  and  extraordinary 
expences  of  youre  Government  ? 

19.  What  are  the  establishments  civill  and 
Milhtarie,  within  youre  Government,  and  by  what 
authority  do  the  officers  hold  theire  places  ? 

It  is  desired  that  an  annuall  return  may  be  made 
to  those  queries,  that  the  board  may,  from  time  to 
time,  be  apprised  of  any  alterations  that  may  hap- 
pen in  the  circumstances  of  your  Government. 


May  it  please  your  Lordships  : — 

We  have  received  your  queries,  to  his  Majes- 


Ansicers  to  foregoing  Qnestions.         351 

ties  colony  of  Connecticut,  and  in  answer  there- 
unto, we  inform  your  Lordships  as  folio weth  ; — 

1.  The  colony  of  Connecticut  is  situate  upon 
three  principal  rivers,  viz.  Connecticut  river, 
Stratford  and  Quinabauge  rivers,  and  on  the  sound 
Southward  toward  Lon«x  Island,  in  some  places 
oure  lands  are  intervaile  or  meadow,  upon  the  riv- 
ers, and  by  the  sound  the  soile  is  fruittull,  but  the 
far  greater  part  of  the  land  in  the  coloney  is  moun- 
tainous, rockey  and  more  barren ;  the  climate  is 
very  cold  in  the  winter,  arid  very  hot  in  the  sum- 
er)  the  weather,  often  and  suddenly  changing. — 
The  colony  lyeth  between  forty-one  and  forty- 
two  degrees  of  North  Latitude,  and  in  Longitude 
about  seventy  degrees  West  from  London :  the 
Latitude  has  been  found  by  repeated  and  carefull 
observations. 

2.  The  reputed  and  known  boundaries,  are 
the  Massachusets  in  the  North,  Road  Island  colo- 
ny on  the  East,  Long  Island  Sound  on  the  South, 
and  New  York  Province  on  the  West.  No  points 
thereof  are  disputed,  but  all  settled  and  ascertain- 
ed, excepting  some  part  of  New  York,  the  dividing 
line  betwixt  this  colony  and  New  York. 

3.  As  to  the  Constitution  of  the  Government, 
the  Legislator  is  by  oure  Royall  Charter,  granted 
by  King  Charles  the  Second,  of  blessed  memory, 
lodged  in  the  Generall  Court,  consisting  of  a  Gov- 
ernour,  or  in  his  absence  a  Deputy  Governour, 
twelve  assistants,  and  one  or  two  Deputies  from 
every  town.  The  Governour,  Deputy  Govern- 
our and  assistants,  are  annually  chosen  by  the 
major  part  of  the  freemen  in  the  colony,  and  the 
Deputies  by  the  freemen  in  each  town,  which 
Court  or  Assembly,  are  divided  into  two  Houses, 
the  upper  House  consisting  of  the  GovV,  or  in  his 
absence  the  Deputy  Gov'r  and  six  assistants  at 


S52         Answers  to  foregoing  Questions, 

least,  and  the  lower  House  of  the  Deputies  ;  with- 
out the  consent  of  the  major  part  of  each  House, 
no  act  is  passed,  who  makes  laws,  institute  judica- 
tures, appoint  Judges  and  necessarie  officers,  and 
cause  them  to  be  sworn,  grant  lands,  make  orders 
and  institutions  as  the  necessity  of  the  Govern- 
ment requires,  which  Assembly  meet  twice  in  the 
year,  and  in  the  vacancies,  the  Gov'r  and  assist- 
ants, manage  the  contingent  aftairs. 

4.  The  trade  of  the  colony  is  but  small,  horses 
and  lumber  are  exported' fi*om  home  to  tlie  West 
Indies,  for  which  we  receive  in  exchange,  sugar, 
salt,  and  millasses  and  rum  ;  what  provisions  we 
can  spare,  and  some  small  quantities  of  tar  and 
turpentine  are  sent  to  Boston  and  New  York  and 
Rhoad  Island,  for  which  we  receive  European 
goods,  the  number  of  oure  shiping  and  theire  tun- 
age  is  as  folio weth  : 

Hartford,  Daniel  Williams,  Master,  Sloop  Mary, 
60  tuns. 

Greenwich,  Sloop  Sarah  and  Abigail,  Henry 
Joans,  30  tuns. 

Gilford,  Sloop  Mary,  12 

New  London,  a  Brigantine,  London,  60 

Norwich,  Sloop  Olive  Branch,  2.5 

Milford,  Sloop  Tryall,  40 

New  Haven,  Schooner  Elisabeth  and 

Mary,  50 

Seabrook,  Sloop  Lucy,  35 

Killingworth,  Sloop,  10 

Norwich,  Sloop  Mary,  ,  20 

Hartford,  Sloop  Rebeckah,  40 

New  Haven,  Sloop  Humbard,  20 

Norwich,  do.  Martha  and  Elisabeth,  40 

Haddam,  do.  Ranger,  30 

New  London,  a  Brigantine,  80 

Gilford,  Sloop  Tryall,  3Q 


A7iSioers  to  foregoing  Questions,         353 

Middletown,  Sloop  Lark,  45 

Norwich,  do.  Success,  40 

Hartford,  do.  Hampshier,  18 

New  London,  do.  Lydia  and  Mary,  25 

Branford,  do.  Dolphin,  33 

New  Haven,  do.  Mary  and  Mercy,  30 

Hartford,  do.  Tryall,  35 

New  Haven,  Schooner  Tryall,  30 

Milford,  Sloop  Swallow,  30 

Norwalk,  Sloop  Tryall,  25 

.  Gilford,  do.  Swan,  25 

Middletown,  Brigantine,  Alten,  60 

Gilford,  Sloop  Riibie,  30 

Killingworth,  do.  Tryall,  20 

New  Haven,  do.  Tryall,  35^ 

Weathersfield,  do.  Thankfull  and  Ann,       18 
Greenwich,  do.  Elisabeth,  30 

Stratford,  do.  Eiideaver,  30 

Fairfield,  do. ,  20 

New  London,  do.  Dolphin,  15 

Stratford,  do.  Indeaner,  30 

New  London,  do.  Michael,  12 

Lyme,  do.  Three  Brothers,  30 

Stratford,  do.  Dolphin,  12 

Seabrook,  do.  North,  25 

Seabrook,  do.  Joseph  and  Mary,  30 

Forty-two  saile  of  vessels,  which  stand  in  the 

same  order  as  they  do  in  the  Collectors  Register 

Book.     Oar  seafaring  men  are  only  what  are  ne- 

cessarieto  manage  the  shiping  afores'd,  there  hath 

been  no  sensible    addition  or  diminution,   for  ten 

years  past,  then  heretofore,   only  that   we   have 

built  considerable  more   the  ten   years   last    past 

then  heretofore,  the  most  of  said  shiping,  so  lately 

built,  have  been  sold  att  the  Province  of  Boston, 

West  Indies,  and   to   his    Majesties  subjects  of 

Great  Brittain,  Bristole,  ifec. 

30* 


^54  Answers  to  fcregmng^  Questions. 

5.  Our  inhabitants  take  (annually)  all  sorts  of 
woolen  cloth,  silks,  glass,  nailes,  sithes,  pewter, 
brass,  and  fire  arms,  of  the  British  manufactures^ 
but  we  cant  ascertain  your  Lordships,  the  quantity. 

6.  The  trade  which  the  coloney  hath  with  any 
foreighn  Plantations,  is  only  as  before  mentioned, 
and  with  no  parts  of  Europe,  excepting  only  a  few 
voyages  to  Ireland,  with  timber  and  some  few,  one 
or  two  that  have  built  here  of  late,  made  theire 
voyage  to  Bristole,  theise  sold  ships  and  cargo  and 
brought  theire  returns  heather. 

7.  The  method  used  to  prevent  illegall  trade, 
are  the  measures  taken  by  the  collector  placed  at 
New  London,  and  his  Deputy  at  Fairefield,  where 
are  also  navall  officers,  under  the  strictest  regula- 
tions, which  do  at  present  prove  efectuall,  but  there 
being  many  other  convenient  Harbours  along  the 
sound,  many  of  which  were  allowed  to  be  free 
Ports,  will  render  it  dificult,  had  we  any  consider- 
able trade,  and  now  is  a  great  hardship  and  an  ob- 
struction to  the  little  trade  that  we  have,  all  being 
obliged  to  put  in  at  New  London,  to  enter  and 
cleare,  whereby  some  winds  and  much  time  is  lost. 

8.  The  produce  of  the  country,  is  timber, 
boards,  all  sorts  of  English  grain,  Indian  corn, 
Hemp  and  Flax,  Sheep,  Cattle,  Swine,  Horse  kind, 
Goats  and  Tobacco,  oure  manufactories  are  incon- 
siderable, oure  people  being  generally  imployed  in 
tilhng  the  earth,  some  few  are  imployed  in  tanning 
and  shew  making  and  other  handy  crafts,  others  in 
buildmg  Gmer  work,  Tailors,  Smiths,  without 
which  we  could  not  subsist. 

9.  There  are  some  Coper  mines  found  among 
us,  which  have  not  yet  been  very  frofitable  to  the 
undertakers.  Iron  Oare  hath  been  found  in  sundry 
places  and  improved  to  good  advantage. 


Answers  to  foregoing  Questions,  355 

10.  The  number  of  oure  Inhabitants  of  both 
sexes  and  all  ages  are  computed  to  be  38,000,  and 
about  700  Indians  and  Negroes.  The  Inhabitants 
are  much  increased  within  this  ten  years  last  past, 
the  reasons  are  chiefly  the  country  is  new  and 
large,  secondly  the  intestate  estates  are  or  have 
been  divided  among  all  theire  children,  which  en- 
courages them  while  in  theire  fathers  family  to  join 
theire  united  strength  to  cleare  and  subdue  the 
earth,  and  thereby  make  room  for  theire  own  set- 
tlement, when  they  come  of  age,  but  the  consum- 
mate and  principall  reason  is  the  blessing  of  the 
almightie  on  the  fruit  of  our  bodies  and  the  fruit 
of  our  land. 

11.  The  number  of  our  milletia  according  to  list 
or  muster  rolls  of  the  trainbands,  which  consist  of 
all  from  sixteen  to  fifty  five  years  of  age  is  3500. 

12.  In  time  of  War  we  have  always  had  sun- 
dry Forts  on  oure  frontiers  to  cover  us  from  the  in- 
sults of  the  French  and  Indians,  which  yet  have 
never  been  of  any  great  service  to  us,  the  enemy 
coming  in  small  partys  surprise  our  people  sudden- 
ly, and  then  flee  into  the  adjacent  wood,  we  have 
had  a  Fort  at  New  London  long  since  and  severall 
pieces  of  cannon,  but  are  now  building  a  new  Fort 
where  are  already  mounted  foure  cannons  to  se- 
cure that  port,  and  in  a  short  time  intend  divers 
more  shall  be  there  mounted. 

13.  The  number  of  Indians  amongst  us  are 
about  1600  of  both  sexes  and  all  ages,  they  are 
incUned  to  hunting,  idlenes  and  excessive  drinking, 
some  of  their  youth  are  now  in  a  school  at  Mohe- 
gan,  set  up  and  maintained  by  the  English,  for  that 
purpose,  and  they  give  good  evidence  of  their  do- 
sability. 

14.  The  five  nations,ofIndians  as  they  are  called, 
live  about  250  miles  west  ward  from  us.  The  French 


S66  Answe7^s  to  foregoing  Questions. 

Indians  that  live  at  Canada  and  the  Eastern  Indi- 
ans which  live  about  250  miles  to  the  northeast  of 
us  are  oure  only  neighbouring  Indians  and  theire 
strength  is  unknow^n  to  us. 

15.  The  Spaniards  have  not  settled  in  North 
■America  to  the  eastward  of  Cape  Florida,  as  we 
know  of,  which  is  very  distant  from  us  ;  the  French 
at  Canada  are  about  400  miles  north  from  us,  and 
of  considerable  strength. 

16.  -The  Spaniards  in  South  America,  have  of 
late  years  taken  some  vessels  from  this,  and  sun- 
dry from  the  neighbouring  Governments.  The 
French  at  Canady  have  been  very  troublesome  to 
this  and  the  neighbouring  Governments,  always 
incouraging  the  Indians  against  the  English,  sup- 
plying them  with  arms  and  ammonition,  and  joyn- 
insj  with  them  in  makino^  inroads  in  time  of  VV^ar, 
they  are  of  considerable  strength,  and  sinxje  they 
are  setled  on  the  River  Saint  Laurance,  and  on 
Maseeipi,*  to  the  mouth  of  it,  boasting  in  time 
they  will  drive  us  all  into  the  sea. 

17.  The  annuall  Revenue,  arising  on  rates  and 
dutys  is  about  £4000  in  our  paper  currency,  of 
which  about  £1000  is  yearly  laid  out  in  maintain- 
ing free  schools  for  the  education  of  oure  children, 
the  remainder  is  for  the  support  of  his  Majesties 
Government  here  and  to  sink  a  heavy  debt  we 
contracted  in  the  war  and  oure  expedition  against 
Canada  and  Anapolis  in  the  Reign  of  Queen  Anne. 

18.  Oure  sivill  establishments,  are  first,  a  Su- 
perior Court,  consisting  of  one  Chief  Judg  and 
four  Judges;  this  court  sits  twice  in  the  year  in 
each  county,  trys  all  high  crimes  and  misdemean- 
ours, and  sivill  actions  that  come  to  them  by  ap- 
peals from  the  inferior  court,  secondly,  an  inferi- 

*Mississippi. 


Letter  from  George  11,  357 

our  court  in  each  county  consisting  of  one  Chief 
Judge  and  three  more  Justises  of  the  quorum, 
these  courts  have  theire  quarter  sessions  for  the 
tryall  of  delinquents  and  sivill  actions;  thirdly,  in 
most  of  oure  Towns  is  one  or  more  Justises  of 
the  Peace,  for  the  conservation  of  the  peace,  and 
tryall  of  small  cases. 

19.  The  malitia  is  divided  into  five  Regiments, 
as  many  as  there  are  counties  ;  over  which  the 
chief  officer  is  at  present  a  Major,  to  each  of  which 
Regiments  belongs  a  troop  ;  the  superiour  officers 
are  appointed  by  the  General  Court ;  the  Captains, 
Lieutenants  and  Ensigns,  are  chosen  by  the  soul- 
diers,  approved  by  the  Generall  Court,  and  all 
commissioned  by  the  Govenir  in  the  name  of 
oure  Lord  the  King. 

To  the  Right  Honourable  the  Lords  commis- 
sioners for  trade  and  Plantations. 

Signed  pr  order  of  his  Hon'r  the  Gov'r  and  the 
Assembly. 

Hez.  Wyllys,  Secretary. 


Letter  from  his  Majesty  George  the  Second. 
X    SEAL.    \  George  R. 

m — '"-# 

Additional  instructions  to  our  trusty  and  well 
beloved  the  Governor  and  company  of  our  Colo- 
ny of  Connecticut  in  New  England  in  America,  or 
to  the  Governor  and  company  of  our  said  Colony, 


358         Form  of  Prayers  for  Royal  Family. 

for  the  time  being — Given  at  our  Court  at  St. 
James's  the  fifth  day  of  May  1732,  in  the  fifth 
year  of  our  Reign. 

Whereas  complaint  hath  been  made  to  us  by 
the  Merchants  of  our  city  of  London,  in  behalf 
of  themselves  and  of  several  others  of  our  good 
subjects  of  Great  Britain,  trading  to  our  planta- 
tions in  America,  that  greater  Duties  and  Imposi- 
tions are  laid  on  their  Ships  and  Goods,  than  on 
the  Ships  and  Goods  of  persons  who  are  natives 
and  inhabitants  of  the  said  Plantations.  It  is 
therefore  our  will  and  pleasure  that  you  do  not, 
upon  any  pretence  whatsoever,  on  pain  of  our 
highest  displeasure,  give  assent,  for  the  future  to 
any  law  wherein  the  natives,  or  inhabitants  of  the 
Colony  of  Connecticut  under  your  Government, 
are  put  on  a  more  advantageous  footing  than  those 
of  this  Kingdom.  It  is  further  our  will  and  pleas- 
ure, that  you  do  not,  and  you  are  hereby  expressly 
forbid  to  pass  any  law  by  which  the  trade  or  nav- 
igation of  this  Kingdom,  may  be  any  ways  affec- 
ted ;  hereby  declareing  it  to  be  our  Royal  intention 
no  duties  shall  be  laid  in  the  Colony  under  your 
Government,  upon  British  shipping,  or  upon  the 
Product  or  Manufactures  of  Great  Britain,  upon 
any  pretence  whatsoever. 

G.  R. 


Order  to  he  observed  in  Prayers  for  the  Royal 

Family, 

At  a  General  Assembly  holden  at  Hartford  in 
his  Majesties  Colony  of  Connecticut,  on  the  second 
Thursday  of  May,  A.  D.  1741. 


Questions  to  the  Colony.  359 

Whereas  at  a  councell  held  at  St.  James's  the 
29th  of  January  1740,  His  Majesty  was  pleased  to 
declare  his  Royal  pleasure  that  in  all  publick  ser- 
vices where  the  Royal  Family  is  appointed  to  be 
prayed  for,  the  following  form  and  order,  shall  be 
observed  viz.  Their  Royal  Highnesses  Frederick 
Prince  of  Wales,  the  Princess  of  Wales,  the  Duke, 
the  Princess,  the  Issue  of  the  Prince  and  Princess 
of  Wales,  and  all  the  Royal  Family, 

And  to  the  end  that  the  same  form  arid  order 
may  be  observed  in  this  His  Majesty's  Colony  of 
Connecticut,  His  Majesty  has  been  pleased  to  or- 
der the  Governor  and  Company  of  this  Colony, 
to  cause  the  same  to  be  forthwith  published  in  all 
churches  and  other  places,  of  Divine  worship, 
within  this  colony,  and  take  care  that  obedience  be 
paid  thereto  accordingly. 

Be  it  enacted  by  the  Governor,  Council  and 
Representatives  in  General  Court  Assembled,  and 
by  the  authority  of  the  same,  that  obedience  be 
paid  to  His  Majesty's  order  aforesaid,  and  that  a 
copy  of  this  act  be  forthwith  printed  and  sent  to 
the  several  churches  and  places  of  Divine  worship 
and  there  published  accordingly. 


Queries  from  the  Board  of  Trade  to  the  Governor 
and  Company  of  the  Colony  of  Connecticut, 

i  What  is  the  situation  of  the  Colony  under  youi' 
Government ;  the  nature  of  the  country,  soil  and 
climate,  the  Latitude  and  Longitudes  of  the  most 
considerable  places  in.  it  or  the  neighbouring 
French  or  Spanish  settlements  ;    have  those  Lati- 


360  Questions  to  the  Colony. 

tudes  and  Longitades  been  settled  by  good  obser- 
vations, or  only  by  common  computations,  and 
from  whence  are  the  Longitudes  computed  ? 

What  are  the  reputed  boundaries,  and  are  any 
parts  thereof  disputed,  what  parts  and  by  whom  ? 
^  What  is  the  Constitution  of  the  Government? 

What  is  the  trade  of  the  colony,  the  number  of 
shipping,  their  tonnage,  and  the  number  of  sea- 
faring men,  with  the  respective  increase  or  dimin- 
ution within  ten  years  past  ? 

What  quantity  and  sorts  of  British  manufac- 
tures do  the  inhabitants  annually  take  from  hence? 

What  trade  has  the  colony  under  your  Govern- 
ment, with  any  foreign  Plantations,  or  any  p^rt  of 
Europe,  besides  Great  Britain,  how  is  that  trade 
carried  on,  what  commodities  do  the  people  under 
your  Government  send  to,  or  receive  from  foreign 
plantations  ? 

What  methods  are  there  used  to  prevent  illegal 
trade,  and  are  the  same  eflbctual  ? 

What  is  the  natural  produce  of  the  country, 
staple  commodities  and  manufacturies;  and  w^hat 
value  thereof  in  Sterling  money,  may  you  annual- 
ly export? 

What  mines  are  there  ? 

What  is  the  number  of  inhabitants,  whites  and 
blacks  ? 

Are  the  inhabitants  increased  or  decreased  with- 
in the  last  ten  years,  how  much  and  for  what  rea- 
sons ? 

What  is  the  number  of  the  Militia  ? 

What  Forts  and  places   of  defencje  are  there 
within  your  Government,  and  in  what  condition  ? 
L'  What  number  of  Indians  have  you,  and  how 
are  they  inclined  ? 

What  is  the  strength  of  tjie  neighbouring  Indi- 
ans? 


Ajiswers  to  foregoing  Qestions*  3G1 

What  is  the  strength  of  your  neighbouring  Eu- 
ropeans, French  or  Spaniards  ? 

What  effect  have  the  French  or  Spanish  settle- 
ments on  the  continent  of  America,  upon  his  Ma- 
jesties Plantations,  especially  on  your  colony  ? 

What  is  the  Revenue  arising  within  your  Gov- 
ernment, and  how  is  it  appropriated  ? 

What  are  the  ordinary  and  extraordinary  ex- 
expences  of  your  Government  ? 

What  are  the  establishments,  civil  and  Milita- 
ry within  your  Government,  and  by  what  authori- 
ty do  the  officers  hold  their  places?* 


Answers  to  the  foregoing  Questions. 

May  it  please  your  Lordships — 

We  ha  received  your  queries  directed  to  the 
Gov'r  and  Company  of  this  his  Maj'ties  colony  of 
Connecticut,  and  in  answer  thereunto  inform  vour 
Lordships — 

L  The  situation  of  the  colony,  as  hath  been 
found  by  regulated  and  careful  observations,  is  be- 
tween 41  and  42  degrees  of  N,  Latitude,  and 
about  71  of  West  Longitude  from  London;  the 
three  most  considerable  rivers  in  the  colony,  are 
Connecticut,  Stratford  and  New  London  river,  the 
two  principal  branches  of  which  last  mentioned 
river,  called  Quinebaug  and  Shetuckett,  tis  boun- 

*  It  will  be  observed  that  the  date  is  not  affixed  to  the 
above,  but  by  an  indorsement  on  the  back  of  the  orig-inal 
manuscript,  it  appears  that  it  was  received  by  the  Governor 
on  the  13th  day  of  September,  1748. 

31 


362        Answers  to  foregoing  Questions, 

ded  Southerly  by  the  sea  or  sound,  near  which, 
and  by  the  rivers,  the  soil  is  more  fruitfull,  but  the 
greatest  part  of  the  land  is  mountainous  and  rocky  ; 
the  climate  is  very  cold  in  winter  and  hot  in  sum- 
mer. 

2.  The  colony  is  bound  Southerly  on  the  sea 
or  sound,  Easterly  on  Rhode  Island,  Westerly  on 
New  York,  North  on  the  line  of  the  Massachu- 
setts colony. 

3.  As  to  the  Constitution  of  the  Government, 
the  Legislative  power,  is  by  the  Royal  Charter, 
vested  in  the  Generall  Assembly,  which  consists  of 
the  Gov'r,  or  in  his  absence,  the  D.  Governour 
and  twelve  assistants  (whereof  the  Gov'r,  Deputy 
Gov'r  and  six  assistants  are  a  Quorum,)  and  Rep- 
resentatives from  each  town,  not  exceeding  two  ; 
all  which  are  chosen  by  the  freemen  of  the  re- 
spective towns  ;  the  Gov'r,  or  Deputy  Gov'er  and 
assistants  are  called  the  upper  House,  the  Depu- 
ties or  Representatives,  the  lower  House  ;  with- 
out the  concurrence  of  each  House,  no  act  is  pass'd ; 
they  make  laws,  institute  judicatures,  appoint 
Judges  and  other  necessary  affairs,  who  before 
they  enter  upon  their  respective  offices  are  al 
sworn  ;  they  meet  twice  in  each  year,  viz.  in  May 
and  October,  and  oftener  if  called  together  by  the 
Gov'r  on  any  emergency. 

4.  The  trade  of  the  colony  is  not  large,  hor- 
ses, lumber  and  some  provisions,  are  exported  to 
the  West  India  Islands  ;  from  whence  we  receive 
in  exchange,  sugar,  rum,  molasses,  salt,  some  bills 
of  exchange ;  what  provisions  we  can  spare  are 
principally  sent  to  Boston,  New  York  and  Rhode 
Island,  to  pay  for  European  goods  which  we  have 
mostly  from  thence,  though  of  late  we  have  had 
some  quantities  of  goods  imported  directly  from 
Great  Brittain,  which  trade  we  are  endeavouring 


Answe7^s  to  foregoing    Questions.         363 

to  cultivate ;  as  to  the  number  of  shipping  and 
sea  faring  men  we  must  referr  you  to  the  acc't 
from  the  Collector  and  Naval  Officer,  which  we 
herewith  transmit,  and  which  is  sent  quarterly  to 
the  Commissioners  of  the  Customs. 

5.  Our  inhabitants,  take  annually  of  the  Brit- 
ish manufactures,  all  sorts  of  woollen  cloath,  silks, 
scythes,  nails,  glass,  pewter,  brass,  fire  arms,  and 
all  sorts  of  cutlery  ware,  the  quantity  we  cannot 
ascertain. 

6.  We  have  at  present,  no  trade  with  any  for- 
eign plantations,  though  before  the  late  war,  we 
had  some  few  vessells  that  went  up  the  Mediter- 
ranean with  Fish,  with  which  they  purchased  bills 
of  exchange,  and  brought  the  effects  home  in 
British  manufactures. 

7.  The  methods  used  to  prevent  illeo^al  trade 
are  a  strict  conformity  to  the  acts  of  Parliament, 
relating  thereto,  by  the  Collector  and  Naval  Offi- 
cer, which  we  conclude  are  effectual. 

8.  The  produce  of  the  country  consists  of  tim- 
ber, English  grain,  Indian  corn,  flax,  hemp,  tobac- 
co, horses,  cattle,  sheep,  swine  ;  some  small  quan- 
tities of  each  of  which  are  annually  exported,  as 
before  mentioned ;  our  manufactures  are  incon- 
siderable, our  people  being  generally  imployed  in 
clearing  and  tilling  the  earth ;  some  tradesmen 
there  are,  as  Tanners,  Shoemakers,  Joyners, 
Smiths,  Carpenters,  &c.  without  which  we  could 
not  subsist. 

9.  There  are  some  coper  mines,  but  proving 
unprofitable,  are  wholly  laid  aside  ;  iron  oar  hath 
been  found  in  sundry  places,  and  improved  to 
good  advantage. 

10.  The  number  of  our  inhabitants  of  both 
sexes  and  all  ages,  are  computed  to  be  about 
70,000  whites,  and  1000  blacks,  and  they  are  great- 


S64        Answers  to  foregoing  Questions. 

ly  increased  within  the  ten  years  last  past,  which 
we  attribute,  (under  the  Divine  Blessing,)  to  a 
wholesom  air,  industrious  life,  and  frugality  in  liv- 
ing. 

11.  The  Militia  are  computed  to  be  about 
10,000,  recconing  from  16  to  50  years  of  age. 

12.  We  have  a  Battery  at  New  London,  in 
which  are  9  guns  mounted,  and  in  our  most  expo- 
sed positions,  many  fortifications,  to  secure  the 
people  from  the  insults  of  the  enemy. 

13.  The  Indians  among  us  are  about  500  in 
all,  they  are  naturally  inclined  to  idleness  and  ex- 
cessive drinking,  but  the  great  pains  that  hath  been 
taken,  to  instruct  them  in  literature,  and  in  the 
christian  religion  seems  not  to  be  altogether  in 
vain. 

14.  There  are  no  Indians  that  border  upon 
us  ;  the  six  nations,  so  called,  are  the  nearest,  who 
live  partly  in  New  York  Governm't,  and  partly 
westward  of  it. 

15.  The  Spaniards  have  no  settlements  near 
to  us  than  St.  Augusteen ;  the  French,  at  Cana- 
da, though  not  very  near,  have  been  very  trouble- 
some, especially  since  they  have  built  a  strong 
Fort  on  this  side  the  Lake,  at  a  place  called  Crown 
Point,  from  which  they,  with  the  Indians,  often 
make  excursions,  and  distress  our  Frontiers,  and 
those  of  New  York  and  the  Massachusetts,  which 
occasions  a  great  expence  in  garrisoning  them. 

16.  The  annual  Revenue,  by  rates  and  duties, 
in  time  of  peace,  amounts  to  about  £9000  in  bills 
of  credit,  about  £2000  of  which  is  expended  in 
the  support  of  schools  for  the  education  of  youth  ; 
the  remainder  for  the  support  of  Government ; 
since  the  commencement  of  the  war,  our  expen- 
ces  have  been  vastly  greater. 


Answers  to  foregoing  Questions.         365 

17.  Our  civill  establishments,  are  1,  a  Superi- 
our  Court,  consisting  of  one  Chief  Judg,  and  four 
assisting  Judges,  this  Court  sitts  twice  in  the  year 
in  each  county,  in  which  are  tryed  all  high  crimes 
and  misdemeanours,  and  civil  actions  that  come 
to  them  by  appeal  from  Inferiour  Courts.  2,  an 
Inferiour  Court  in  each  county,  consisting  of  one 
Chief  Judg  and  three  or  more  Justices  of  the 
Quorum,  who  sit  twice  in  the  year,  and  oftener  if 
occasion  requires,  for  the  tryal  of  dehnquents  and 
civil  actions ;  in  all  these  Courts,  matters  of  law 
is  determined  by  the  Court,  and  matter  of  fact  by 
a  Jury.  3,  in  each  town,  are  one  or  more  Justi- 
ces of  the  Peace,  for  conservation  of  the  peace, 
and  tryal  of  small  causes ;  the  Militia  is  divided 
into  thirteen  Regiments,  the  officers  in  each,  are  a 
Col'  Lieut.  Col'  and  Major,  and  in  each  Regi- 
ment, is  a  Troop  of  Horse,  all  the  officers,  both 
civil  and  Military,  are  approved  by  the  Gen'i  As- 
sembly, and  commissioned  by  the  Gov'r. 

Colony  of  Connecticutt,      )   Hartford,  May  11th, 
General  Assembly,  )  1749. 

Upper  House — The  foregoing  are  answers  to 
the  queries  from  their  Lordships  of  the  Board  of 
Trade,  to  the  Governour  and  Company  of  the 
Colony  of  Connecticutt,  and  ordered  the  Secreta- 
ry to  direct  the  same  to  the  Right  Hon'ble  the 
Lords  Commissioners  for  Trade  and  Plantations, 
and  sign  the  same,  pr  order  of  this  Assembly. 

Test  GEORGE  WYLLYS,  Sec'ry. 

In  the  Lower  House — The  foregoing  answers 
to  ye  Queries,  read  and  approved  by  concurrance. 

Test  JNO.  FOWLER,  Clerk. 


# 


31 


366  Declaration  of  Rights, 

Anno  Regni  Regis  Georgii  tertii  \^th. 

At  a  General  Assembly  of  the  Governor  and 
Company  of  the  English  Colony  of  Connecticut 
in  New  England  in  America,  holden  at  New  Ha- 
ven in  said  Colony  on  the  second  Thursday  of 
October,  being  the  13th  day  of  said  month  and 
continued  by  several  adjournments  to  the  fourth 
day  of  November  next  following  Annoq.  Dom. 
1774. 

By  the  House  of  Representatives  of  the  Eng- 
lish Colony  of  Connecticut,  second  Thursday  of 
May  1774. 

This  House  taking  into  serious  consideration 
sundry  acts  of  tlie  British  Parliament  in  which  the 
power  and  right  to  impose  duties  and  taxes  upon 
His  Majesties  subjects  in  the  British  Colonies  and 
Plantations  in  America,  for  the  purpose  of  raising  a 
Revenue  only,  are  declared,  attempted  to  be  exer- 
cised and  in  various  ways  enforced  and  carried 
into  execution,  and  especially  a  very  late  act,  in 
which  pains  and  penalties  are  inflicted  on  the  cap- 
ital of  a  neighboring  Province,  a  precedent  justly 
allarming  to  every  British  Colony  in  America,  and 
which  being  admitted  and  established,  their  lives 
liberties  and  properties  are  at  the  mercy  of  a  Tri- 
bunal where  innocence  may  be  punished  upon  the 
accusation  and  evidence  of  wicked  men  without 
defence  and  even  without  knowing  its  accusers,  a 
precedent  calculated  to  terrify  them  into  silence 
and  submission,  whilst  they  are  stripped  of  their 
invaluable  rights  and  liberties,  do  think  it  expedi- 
ent and  their  duty  at  tliis  time  to  renew  their  claim 
to  the  rights,  privileges  and  immunities  of  free 
born  Englishmen,  to  which  they  are  justly  entitled, 
by  the  laws  of  nature,  by  the  Royal  Grant  and 
Charter  of  his  late  Majesty  King  Charles  the  sec- 


Declaration  of  Rights.  367 

ond,  and  by  long  and  uninterrupted  possession,  and 
thereupon  do  declare  and  Resolve  as  follows  to 
wit — 

In  the  first  place  we  do  most  expressly  declare, 
recognize  and  acknowledge  His  Majesty  George 
the  Third  to  be  the  lawful  and  rightful  King  of 
Great  Britain  and  all  other  his  dominions  and 
countries,  and  that  it  is  the  indispensible  duty  of 
the  people  of  this  Colony,  as  being  part  of  his  Ma- 
jesties dominions,  always  to  bear  faithful  and  true 
allegiance  to  His  Majesty,  and  him  to  defend  to 
the  utmost  of  their  power  against  all  attempts  up- 
on his  person,  crown  and  dignity. 

2.  That  the  subjects  of  His  Majesty  in  this 
Colony,  ever  have  had,  and  of  right  ought  to  have 
and  enjoy  all  the  liberties,  immunities  and  privil- 
eges of  free  and  natural  born  subjects,  within  any 
of  the  dominions  of  our  said  King,  his  heirs  and 
successors,  to  all  intents,  constructions  and  pur- 
poses whatsoever  as  fully  and  amply,  as  if  they 
and  every  of  them  were  born  within  the  realm  of 
England,  that  they  have  a  property  in  their  own 
estate,  and  are  to  be  taxed  by  their  own  consent 
only,  given  in  person  or  by  their  Representatives, 
and  are  not  to  be  disseized  of  their  liberties  or 
free  customs,  sentenced  or  condemned,  but  by  law- 
ful judgment  of  their  Peers,  and  that  the  said  rights 
and  immunities  are  recognized  and  confirmed  to 
the  inhabitants  of  this  Colony  by  the  Royal  grant 
and  Charter  aforesaid,  and  are  their  undoubted 
rights  to  all  intents,  constructions  and  purposes 
whatsoever. 

3.  That  the  only  lawful  Representatives  of  the 
freemen  of  this  Colony,  are  the  persons  they  elect 
to  serve  as  members  of  the  General  Assembly 
thereof. 

4.  That  it  is  the  just  right   and   privilege  of 


368  Declaration  of  Rights. 

His  Majesties  leige  subjects  of  this  Colony  to  be 
Governed  by  their  General  Assembly  in  the  article 
of  taxing  and  internal  police,  greeable  to  the  pow- 
ers and  privileges  recognized  and  confirmed  in  the 
Royal  Charter  aforesaid,  which  they  have  enjoyed 
for  more  than  a  century  past,  and  have  neither  for- 
feited nor  surrendered,  but  the  same  have  been 
constantly  recognized  by  the  King  and  Parliament 
of  Great  Britain. 

5.  That  the  erecting  new  and  unusual  courts 
of  Admiralty,  and  vesting  them  with  extraordina- 
ry powers  above,  and  not  subject  to  the  controll 
of  the  common  law  courts  in  this  Colony,  to  judge 
and  determine  in  suits  relating  to  the  duties  and 
forfeitures  contained  in  said  acts,  foreign  to  the  ac- 
customed and  established  jurisdiction  of  the  for- 
mer courts  of  Admiralty  in  America,  is  in  the 
opinion  of  this  House,  highly  dangerous  to  the  lib- 
erties of  His  Majesty's  American  subjects,  con- 
trary to  the  great  Charter  of  English  liberty,  and 
destructive  of  one  of  their  most  darling  rights  ; 
that  of  tryal  by  Jurors,  which  is  justly  esteemed 
one  chief  excellence  of  the  British  constitution, 
and  a  principal  bulwark  of  English  liberty. 

6.  That  the  apprehending  and  carrying  persons 
beyond  the  sea  to  be  tryed  for  any  crime  alleged 
to  be  committed  within  this  Colony,  or  subjecting 
them  to  be  tryed  by  commissioners,  or  any  court 
constituted  by  act  of  Parliament  or  otherwise 
within  this  Colony  in  a  summary  way  without  a 
Jury,  is  unconstitutional  and  subversive  of  the  lib- 
erties and  rights  of  the  free  subjects  of  this  Col- 
ony. 

7.  That  any  Harbors  or  Ports  duly  opened  and 
constituted  cannot  be  shut  up  and  discharged  but 
by  an  act  of  the  Legislature  of  the  Province  or 
Colony  on  which  such  Port  or  Harbor  is  situated 


Declaration  of  Rights.  369 

without  subverting  the  rights  and  liberties  and  de- 
stroying the  property  of  his  Majesty's  subjects. 

8.  That  the  late  act  of  Parliament  inflicting 
pains  and  penalties  on  the  town  of  Boston  by  block- 
ing their  Harbor  is  a  precedent  justly  alarming  to 
the  British  Colonies  in  America,  and  wholly  incon- 
sistent with,  and  subversive  of  their  constitutional 
rights  and  liberties. 

9.  That  whenever  His  Majesties  service  shall 
require  the  aid  of  the  inhabitants  of  this  Colony, 
the  same  fixed  principles  of  Loyalty,  as  well  as 
self  preservation  which  have  hitherto  induced  us 
fully  to  comply  with  His  Majesties  requisitions,  to- 
gether with  the  deep  sence  we  have  of  its  being 
our  indispensible  duty,  in  the  opinion  of  this  House, 
will  ever  hold  us  under  the  strons^est  oblifi^ations 
which  can  be  given  or  desired  most  cheerfully  to 
grant  His  Majesty,  from  time  to  time,  our  farther 
proportion  of  men  and  money,  for  the  defence, 
protection,  security  and  other  services  of  the  Brit- 
ish American  dominions. 

10.  That  we  look  upon  the  well  being  and 
greatest  security  of  this  Colony  to  depend  (under 
God)  on  our  connections  with  Great  Britain  which 
is  ardently  wished  may  continue  to  the  latest  pos- 
terity ;  and  that  it  is  the  humble  opinion  of  this 
House,  that  the  constitution  of  this  Colony  being 
understood  and  practiced  upon  as  it  has  ever  since 
it  existed  til  very  lately,  is  the  surest  bond  of  un- 
ion, confidence  and  mutual  prosperity  of  our 
mother  country  and  us,  and  the  best  test  founda- 
tion on  which  to  build  the  good  of  the  whole,  wheth- 
er considered  in  a  civil,  military  or  mercantile  light; 
and  of  the  truth  of  this  opinion,  we  are  the  more 
confident,  as  it  is  not  founded  on  speculation  only, 
but  has  been  verrified  in  fact,  and  by  long  experi- 
ence found  to  produce  according  to  our  extent  and 


370  Declaration  of  Rights, 

other  circumstances,  as  many  loyal,  virtuous,  in- 
dustrious and  well  governed  subjects  as  any  part 
of  his  Majesty's  dominions,  and  as  truly  zealous, 
and  as  warmly  engaged  to  promote  the  best  good 
and  real  glory  of  the  grand  whole,  which  consti- 
tutes the  British  empire. 

11.  That  it  is  an  indispensible  duty  which  we 
owe  to  our  King,  our  Country,  ourselves  and  our 
posterity,  by  all  lawful  ways  and  means  in  our 
power,  to  maintain,  defend  and  preserve  these  our 
posterity,  by  all  lawful  ways  and  means  now  in 
our  power  to  maintain,  defend  and  preserve  these 
our  rights  and  liberties,  and  to  transmit  them  en- 
tire and  inviolate  to  the  latest  generations,  and  that 
it  is  our  fixed,  determined  and  unaltered  resolution 
faithfully  to  discharge  this  our  duty. 

In  the  Lower  House  the  foregoing  resolutions 
being  read  distinctly,  three  several  times  and  con- 
sidered, were  voted  and  passed  with  great  una- 
nimaty ;  and  it  is  further  voted  and  requested  by 
this  House,  that  the  same  be  entered  on  the  rec- 
ords and  remain  on  the  files  of  the  General  Assem- 
bly of  this  Colony. 

Test  Williams  Clerk,  H.  R. 

In  the  Upper  House  the  consideration  of  the 
request  of  the  Lower  House,  that  the  aforesaid 
resolutions  should  be  entered  on  the  records  of  the 
Assembly  &c.  is  referred  to  the  General  Assem- 
bly to  be  holden  at  New  Haven,  on  the  second 
Thursday  of  October  next. 

Test  George  Wyllys,  Secretary. 

In  the  Upper  House  on  further  consideration 
&c.  it  is  agreed  and  consented  to,  that  the  forego- 
ing resolutions,  according  to  the  request  of  the 
Lower  House  be  entered  on  the  records  and  remain 
on  the  files  of  the  General  Assembly  of  this  colony. 
Test  George  Wyllys,  Secretary. 


Declaration  of  Independence,  371 

At  a  General  Assernhly  of  the  Governor  and  Com- 
pany of  the  English  Colony  of  Connecticut  in 
New  England  in  America,  holden  at  Hartford^ 
in  said  Colony,  hy  special  order  of  the  Govern- 
or,  on  the  I4:th  day  of  June,  A.  Dom.  1776. 

Whereas  the  King   and    Parliament   of  Great 
Britain,  by   niany  acts  of  said    Parliament  have 
claimed  and  attempted  to  exercise  powers  incom- 
patible with,   and   subversive  of  the   ancient,  just 
and  constitutional  rights  of  this  and  the  rest  of  the 
English  Colonies  in  America,  and  have  refused  to 
Hsten  to  the   many   and  frequent,  humble,  decent 
and  dutiful  petitions  for  redress  of  grievances  and 
restoration  of  such  their  rights  and  liberties,  and 
turning  from  them  with  neglect  and   contempt  to 
support  such  claims,  after  a  series  of  accumulated 
wrong  and  injury,  have  proceeded  to  invade  said 
Colonies  with  Fleets   and  Armies,  to  destroy  our 
towns,  shed  the  blood  of  our  countrymen,  and  in- 
volve  us  in  the   calamities  incident  to  war  ;  and 
are  endeavoring  to  reduce  us  to  an  abject  surren- 
der of  our  natural  and  stipulated   rights,  and  sub- 
ject our  property  to    the  most   precarious  depen- 
dance  on  their  arbitrary  will  and  pleasure,  and  our 
persons  to   slavery,  and    at  length  have  declared 
us  out  of  the  Kings  protection,  have  engaged  for- 
eign mercenaries  against  us,  and  are  evidently  and 
streanously  seeking  our  ruin    and   destruction. — 
These  and  many  other  transactions,  too  w^ell  known 
to  need  enumeration  ;  the  painful  experience  and 
effects  of  which  we  have  suffered  and  feel,  make 
it  evident,  beyond  the   possibility  of  a  doubt,  that 
we  have  nothing  to  hope  from  the  justice,  human- 
ity or  temperate   councels  of  the  British  King  or 
his  Parliament,  and  that  all  hopes  of  a  reconcilia- 
tion, upon  just  and  equal  terms   are  delusory  and 


S72         Declaration  of  Independence^ 

vain.  In  this  state  of  extreme  danger,  when  no 
alternative  is  left  us  but  absolute  and  indefinite  sub- 
mission to  such  claims  as  must  terminate  in  the 
extreme  of  misery  and  wrechedness,  or  a  total 
separation  from  the  King  of  Great  Britain,  and 
renunciation  of  all  connection  with  that  nation, 
and  a  succesful  resistance  to  that  force  which  is 
intended  to  effect  our  destruction.  Appealing  to 
that  God,  v»"ho  knows  the  secrets  of  all  hearts,  for 
the  sincerity  of  former  declarations  of  our  desire 
to  preserve  our  ancient  and  constitutional  relation 
to  that  nation,  and  protesting  solemnly  against 
their  oppression  and  injustice,  which  have  driven 
us  from  ihemj  and  compelled  us  to  use  such  means 
as  God  in  his  providence  hath  put  in  our  power, 
for  our  necessary  defence  and  preservation — 

Resolved  unanimously  by  this  Assembly,  that 
the  Delegates  of  this  Colony  in  General  Congress, 
be,  and  they  are  hereby  instructed  to  propose  to 
that  respectable  body,  to  declare  the  United  Amer- 
ican Colonies,  free  and  independent  States,  absol- 
ved from  all  allegiance  to  the  King  of  Great  Brit- 
ain, and  to  give  the  assent  of  this  Colony  to  such 
Declaration,  when  they  shall  judge  it  expedient 
and  best,  and  to  whatever  measures  may  be  tho't 
proper  and  necessary  by  the  Congress,  for  form- 
ing foreign  alliances,  or  any  plan  of  operations  for 
necessary  and  mutual  defence  :  and  also  that  thev 
move  and  promote,  as  fast  as  may  be  convenient, 
a  regular  and  permanent  plan  of  union  and  con- 
federation of  the  Colonies  for  the  security  and 
preservation  of  their  just  rights  and  liberties,  and 
for  mutual  defence  and  security — saving  that  the 
administration  of  Government  and  the  power 
ought  to  be  left  and  remain  to  the  respective  Co- 
lonial Legislatures  ;  and  that  such  plan  be  submit- 
ted to  the  respective  Legislatures  for  their  previ- 
ous consideration  and  assent.  Finis, 

((U1TI7ERSIT7; 


\ 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

trtpANDEPT. 

RENkwAtrONLY'^ilH»^lla^2^05 

This  boak  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 

Renewed  books  are  subject  xo*)iD[imedi^e  recall. 


^ 


^y 


z 


% 


^:^.^ihi^ 


/?£C'DLD    S£Mi   /G 'BAM  18 


im^ 


JUN271970  U6 


!♦ 


Aill^lft 


b?Q04 


LD21A-60m-3,'70 
(N5382sl0)476-A-32 


General  Library 

University  of  California 

Berkeley 


